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GIFT  OF 


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Election  Laws 


COMPILED  BY 

W.  B.  MARTIN 

SECRETARY  OF  STATE 


DES   MOINES 

B.  MURPHY,  STATE  PRINTER 
1906 


TITLE  VI. 

OF  ELECTIONS  AND  OFFICERS. 


CHAPTER    1. 
OF  THE  ELECTION  O?    OFFICERS  AND  THEIR/TERMS. 

SECTION  1057.  General  election.  The  general  election 
for  state,  district,  county  and  township  officers  shall  be  held 
throughout  the  state  on  Tuesday,  next  after  the  first  Monday 
in  November,  in  the  year  1906  and  each  two  years  thereafter. 
[19  G.  A.,  oh.  115;  C.  '73,  §  573;  R.,  §  459;  C.  '51,  §  237.] 
[31  G.  A.,  ch.  36,  §2.] 

See  amendment  to  constitution  at  end  of  art.  II. 

SEC.  1058.  Special  election.  Special  elections  authorized 
by  any  law,  or  held  to  supply  vacancies  in  any  office  to  be  filled 
by  the  vote  of  the  qualified  voters  of  the  entire  state,  or  of  any 
district,  county  or  township,  may  be  held  at  the  time  designated 
by  such  law,  or  by  the  officer  authorized  to  order  such  election, 
[C.  '73,  §  574;  R.,  §460.] 

SEC.  1059.  When  officer  to  be  chosen.  At  the  general 
election  next  preceding  the  expiration  of  the  term  of  any  officer 
hjs  successor  shall  be  elected,  [C.  '73,  §575;  R.,  §461.] 

SEC.  1060.  Term  of  office.  The  term  of  office  of  ail  offers 
chosen  at  a  general  election  for  a  full  term  shall  commence  on 
the  first  Monday  of  January  next  thereafter,  except  when  other- 
wise provided  by  the  constitution  or  by  statute;  that  of  an 
officer  chosen  to  fill  a  vacancy  shall  commence  as  soon  as  he 
has  qualified  therefor.  [16  G.  A.,  ch.  72;  C.  '73,  §  576;  R.,  § 
462.]  [31  G.  A.  ch.  37,  §  1.] 

See  Const.,  art  IV,  \  15. 

SEC.  1061.  Proclamation.  At  least  thirty  days  before  any 
general  election,  the  governor  shall  issue  his  proclamation, 
designating  all  the  offices  to  be  filled  by  the  vote  of  all  the 
electors  of  the  state,  or  by  those  of  any  congressional,  legisla- 
tive or  judicial  district,  and,  in  the  years  required  by  article 
ten,  section  three,  of  the  constitution,  submitting  the  question : 
"Shall  there  be  a  convention  to  revise 'the  constitution  and 
amend  the  same?"  and  transmit  a  copy  thereof  to  the  sheriff  of 
each  county.  [C.  '73,  §  577;  R.,  §  462.] 

257186 


2  :;.  :  :/• :!;•  {*fiC$<frib$fe  ATJD  OFFICERS. 

SEC.  1062.  Notice.  The  sheriff  shall  give  at  least  ten  days' 
notice  thereof,  by  causing  a  copy  of  such  proclamation  to  be 
published  in  some  newspaper  printed  in  the  county;  or,  if 
there  be  no  such  paper,  by  posting  such  a  copy  in  at  least  five 
of  the  most  public  places  in  the  county.  [C.  '73,  §578:  R., 
§  463.] 

Where  the  time  of  the  regular  election  is  fixed  by  law  such  time  is  to  be 
taken  notice  of  judicially:  Davis  v .  Best,  2-96. 

Failure  to  give  proper  notice  of  an  election  will  not  invalidate  it.  In 
matters  of  such  public  nature  the  observance  of  the  particular  requirement 
is  not  a  prerequisite  to  validity,  and  the  statutes  as  to  notice  are  to  be 
deemed  directory.  The  people  are  not  to  be  disfranchised  or  deprived  of 
.their  voice  by  the  omission  of  some  duty  by  an  officer:  Dishon  v.  Smith, 
10-212. 

If  an  election  has  in  fact  been  held  at  the  proper  time,  and  it  is  not 
alleged  or  shown  that  any  portion  of  the  electors  failed  in  knowledge  of  the 
pendency  of  the  question  submitted  at  such  election,  or  to  exercise  their 
franchise,  it  will  not  be  held  void  on  account  of  want  of  notice:  Ibid. 

SEC.  1063.  Of  special  election.  A  similar  proclamation 
shall  be  issued  before  any  special  election  ordered  by  the  gov- 
ernor, designating  the  time  at  which  such  special  election  shall 
be  held;  and  the  sheriff  of  each  county  in  which  such  election  is 
to  be  held  shall  give  notice  thereof,  as  provided  in  the  last 
section.  [C.  '73,  §  579;  R,  §  464.] 

SEC.  1064.  State  officers.  The  governor,  lieutenant  gov- 
ernor, secretary  of  state,  auditor  of  state,  treasurer  of  state, 
attorney  general,  and  superintendent  of  public  instruction  shall 
be  chosen  at  the  general  election  in  each  even  numbered  year 
and  their  terms  of  office  shall  be  for  two  years.  [C.  '73,  §  580; 
R.,  §  465.]  [31  G.  A.,  ch.  36,  §  3.] 

As  to  governor  and  lieutenant  governor  see  Const.,  art.  IV,  %  15.  As 
to  secretary,  auditor  and  treasurer,  see  Const.,  art.  IV,  \  22.  As  to  attor- 
ney-general, see  Const. ,  art.  V,  §12. 

SEC.  1066.  Judges  of  the  supreme  court.  Two  judges  of 
the  supreme  court  shall  be  chosen  at  the  general  election  in  the 
year  1906  and  two  shall  be  chosen  at  each  general  election 
thereafter,  whose  terms  of  office  shall  continue  for  six  years 
and  the  judge  whose  term  of  office  will  soonest  expire  shall  be 
chief  justice  and  when  it  occurs  that  two  judges  shall  be  equally 
entitled,  they  shall  each  hold  the  place  of  chief  justice  for  one 
year,  and  the  one  who  is  senior  in  age  shall  hold  for  the  first  of 
the  two  years  to  which  they  are  each  equally  entitled ;  and  at 
the  session  of  the  supreme  court  next  preceding  the  commence- 
ment of  the  first  of  the  said  two  years,  the  supreme  court  shall 
cause  a  record  to  be  made  as  to  who  shall  be  the  chief  justice 
for  the  year  next  ensuing.  [26  G.  A.,  ch.  72;  25.  G.  A.,  ch. 
69,  §  2;  16  G.  A.,  ch.  7,  §  2;  C. '73,  §  582.]  [31  G.  A.,  ch.  36,  §  4.] 

See  Const.,  art.  V.  $%3,  11. 

SEC.  1067.   Clerk  and  reporter  of  supreme  court.     The 

clerk  and  reporter  of  the  supreme  court  shall  be  chosen   at  the 


ELECTIONS   AND   OFFICERS.  3 

general  election  in  the  year  1898,  and  each  fourth  year  there- 
after, and  their  terms  of  office  shall  be  four  years.  [C.  73, §  583.] 

SEC.  1068.  Railroad  commissioners.  At  the  general 
election  in  the  year  1906,  and  every  four  years  thereafter,  there 
shall  be. elected  two  railroad  commissioners,  whose  term  of 
office  shall  be  fora  period  of  four  years;  and  at  the  general 
election  in  the  year  1908,  and  every  four  years  thereafter,  there 
shall  be  elected  one  railroad  commissioner,  whose  term  of  office 
shall  be  for  a  period  of  four  years;  and  the  present  incumbents 
of  the  office  of  railroad  commissioner  shall  continue  in  office 
until  their  successors  are  elected  and  qualified,  as  in  this  act 
provided.  [22  G.  A.,  ch.  29,  §  2;  17  G  A.,  ch.  77,  §  2]  [31  G. 
A.,  ch.  38.] 

SEC.  1069.  Judges  of  district  court.  The  judges  of  the 
district  court  shall  be  elected  in  each  judicial  district  at  a 
general  election,  and  shall  hold  office  for  four  years,  except 
when  elected  to  fill  a  vacancy,  in  which  case  it  shall  be  only  for 
the  unexpired  term.  [21  G.  A.,  ch.  134,  §  4.] 

SEC.  1070.  Representatives.  Members  of  the  house  of 
representatives  shall  be  elected  in  the  respective  representa- 
tive districts  in  each  even  numbered  year,  and  hold  office 
for  the  term  of  two  years.  [C.  '73,  §  587;  R.,  §  470.] 
[31  G.  A.,  ch.  36,  §5.] 

See  Const.  ,  art.  III.  \  3. 

SEC.  1071.  Senators.  Senators  in  the  general  assembly, 
to  succeed  those  whose  terms  are  about  to  expire,  shall  be 
elected  in  the  respective  senatorial  districts  in  each  even  num- 
bered year,  and  shall  hold  office  for  the  term  of  four  years.  [C. 
'73,  §  588;  R.,  §  471.]  [31  G.  A.,  ch.  36,  §  6.] 

See  Const.,  art.  III.  I  5. 

SEC.  1072.  County  officers.  There  shall  be  elected  in 
each  county,  at  the  general  election  in  1906,  and  in  each  even 
numbered  year  thereafter  an  auditor,  a  treasurer,  a  clerk  of  the 
district  court,  a  sheriff,  a  recorder  of  deeds,  a  county  attorney, 
a  county  superintendent  of  schools,  a  surveyor,  and  a  coroner, 
who  shall  hold  office  for"  the  term  of  two  years  or  until  their  suc- 
cessors are  elected  and  qualified.  [23  G.  A.,  ch37,  §2;  21  G.  A. 
ch  73,  §  1;  C  '73,  §589;  R.,  §  §  224,  472-3;  C.  '51,  §  96.]  [31 
G.  A.  ch  39.] 

\  Women  are  by  §2748  made  eligible  to  school  offices,  and  by  \  493  to  the 
office  of  county  recorder.] 

SEC.  1073.  Justices  and  constables.  Two  justices  of  the 
peace  and  two  constables  shall  be  elected  by  the  voters  of  each 
township  at  the  general  election  in  each  even-numbered  year, 
and  shall  hold  office  for  two  years,  and  be  county  officers.  [25 
G.  A.,  ch.  74,  §  4;  C.  '73,  §  §  389,  590,  592-3;  R.,  §  §  443,  726, 
474,477-8;  C.  '51,  §  §  221,  243.] 


4  REGISTRATION   OF  VOTERS. 

The  ballots  for  justice  of  the  peace  should  be  canvassed  by  the  board  cf 
supervisors  under  the  provisions  of  g  1150:  Lynch  v.  Bermazen,  61-76. 

The  constable  is  properly  a  township  officer  although  he  is  t©  be  voted 
for  under  this  section  like  a  justice  of  the  peace  as  a  county  officer  by  the 
voters  of  his  township:  State  v.  Btvans,  37-178. 

BEG.  1074.  Township  trustees.  At  the  general  election 
in  the  year  1906  there  shall  be  elected  in  each  township  a  suc- 
cessor to  those  trustees  whose  term  of  office  will  expire  Jan- 
uary 1st,  1907;  and  at  the  general  election  in  the  year  1908,  and 
biennially  thereafter,  there  shall  be  elected  in  each  township 
three  trustees,  whose  term  of  office  shall  be  for  a  period  of  two 
years,  and  until  their  successors  are  elected  and  qualified,  and 
those  trustees  whose  term  of  office  does  not  expire  until  the  first 
day  of  January,  1908,  shall  continue  in  office  until  their  suc- 
cessors are  elected  and  qualified.  [  17  G.  A.  ch  12,  §  §  1, 
2;  C.  '73,  §591.]  [31  G.  A.  ch  37.] 

SEC.  1075.  Township  clerk — assessor.  At  the  general 
election  in  each  even  numbered  year,  there  shall  be  elected  in 
each  civil  township  one  township  clerk,  and,  where  not  other- 
wise provided,  one  assessor,  to  be  elected  by  the  voters  of  such 
district,  who  shall  hold  their  offices  for  the  term  of  two  years. 
[18  G.  A.,  ch.  161,  §  l;  C.  '73,  §  591.]  [29  G.  A.,ch.  53,  §  1.] 

The  offices  of  township    trustee  and  clerk   are   abolished  in    some    case* 
where  the  township  constitutes  a  city  or  town.  See  I  §  560  562. 
As  to  method  of  voting  for  assessor,  see  $  1130. 


CHAPTER  2. 

OF  THE  REGISTRATION  OF  VOTERS. 

SEC.  1076.  Board  of  registers.  In  cities  having  a 
population  of  thirty- five  hundred  or  more,  not  including  the  in- 
mates of  any  state  institution,  the  council,  on  or  before  the 
sixth  Monday  preceding  each  general  election  and  on  or  before 
the  third  Monday  prior  to  any  city  election  to  be  held  during 
the  year  1906,  shall  appoint  one  suitable  person  from  each  of 
the  two  political  parties  which  cast  the  greatest  number  of  votes 
at  the  last  general  election,  from  three  names  presented  by  each 
chairman  of  the  city  central  political  committee  of  such  par- 
ties, to  be  registers  in  each  election  precinct  in  the  city  for  the 
registration  of  voters  therein,  who  shall  be  electors  of  the  pre- 
cinct in  which  they  are  to  serve,  of  good  clerical  ability,  speak- 
ing the  English  language  understandingly,  temperate,  of  good 
habits  and  reputation,  who  shall  qualify  by  taking  an  oath  or 
affirmation  to  the  effect  that  they  will  well  and  truly  discharge 
all  of  the  duties  required  of  them  by  Jaw  They  shall  hold  their 
office  for  two  years,  but  registers  appointed  for  city  elections 
during  the  year  1906  shall  hold  such  office  only  until  such  elec- 
tion is  completed  and  receive  compensation  at  the  rate  of  two 
dollars  and  fifty  cents  for  each  calendar  day  engaged  in  the- 


REGISTRATION    OP   VOTERS.  5 

discharge  of  their  duties,  to  be  paid  by  the  county,  except  in 
case  of  city  elections,  when  they  shall  be  paid  by  the  city.  If 
for  any  cause  such  registers,  or  any  of  them,  shall  not  be 
appointed  at  or  before  the  time  above  mentioned,  or,  if  ap- 
pointed, shall  be  unable  for  any  cause  to  discharge  the  duties 
of  such  office,  the  mayor  of  such  city  shall  forthwith,  on  similar 
recommendation,  make  such  appointments  and  fill  all  vacancies. 
Should  the  mayor,  upon  the  request  of  five  freehold  electors, 
fail  for  a  period  of  three  days  to  perform  the  duties  aforesaid, 
he  shall  forfeit  and  pay,  at  the  action  of  any  such  elector,  the 
sum  of  one  hundred  dollars  per  day,  for  the  equal  benefit  of  the 
city  and  plaintiff.  The  provisions  of  this  title  shall  apply  to 
cities  acting  under  special  charters,  with  like  effect  as  though 
said  cities  were  acting  under  the  general  incorporation  laws  of 
the  state.  [26  G.  A.,  ch.  62;  22  G.  A.,  ch.  48,  §  §  5,  12;  21  G. 
A.,  ch.  167,  §  3.]  [31  G.  A.  chs.  40-  41.] 

SEC.  1077.  Registration.  The  registers  shall  meet  on  the 
second  Thursday  prior  to  any  general,  city,  or  special  election, 
at  the  usual  voting  place  in  the  precinct  in  which  they  have  been 
appointed,  and  shall  hold  continuous  sessions  for  two  consecu- 
tive days,  from  eight  o'clock  in  the  forenoon  until  nine 
o'clock  in  the  afternoon,  and,  in  presidential  years,  such  sessions 
shall  be  held  for  three  days.  Any  person  claiming  to  be  a  voter 
or  that  he  will  be  on  election  day,  may  appear  before  them  in 
the  election  precinct  where  he  claims  he  is  or  will  be  entitled  to 
vote,  and  make  and  subscribe,  under  oath,  a  statement  in  a 
registry  book,  to  be  provided  by  the  clerk  and  furnished  the 
registers,  at  the  equal  expense  of  the  city  and  county,  and  kept 
open  for  public  inspection  and  examination  during  the  time 
fixed  for  the  registration,  which  statement  shall  be  in  the  follow- 
ing form  and  contain  the  following  matter : 


REGISTRATION   OF   VOTERS. 


REGISTER  OF  VOTERS, PRECINCT. 


WARD, 


Number. 

Residence. 

Name. 

<D 
M 
< 

Nativity. 

!-<" 
J3 

"o 

u 

TERM  OF 
RBSI- 
DHNCE. 

Naturalized. 

4) 

OH 

ft 

cx 

<4-l 

o 

0 

rt 

Q 

|H 

3 
0 

O 

Cfl 

8 

bo 
a 

0 

O 

VM 
O 

O 

rt 

£ 

Qualified  voter. 

Date  of  application. 

Last  preceding 
place  of  residence. 

SIGNATURE. 

Precinct,  street, 
number. 

County. 

oj 
«J 
M 

The  signature  of  the  applicant  shall  be  made  at  the  right  hand 
end  of  the  line  under  the  column  "Signature",  one  of  the  reg- 
isters having  first  administered  to  him  this  form  of  oath :  "You 
do  solemnly  swear  (or  affirm)  that  you  will  fully  and  truly 
answer  all  such  questions  as  shall  be  put  to  you  touching  your 
place  of  residence,  name,  place  of  birth,  your  qualifications  as 
an  elector,  and  your  right  as  such  to  register  and  vote  under  the 
laws  of  this  state" ;  after  which,  the  registers,  or  either  of  them, 
shall  propound  questions  to  the  applicant  for  registration  in  re- 
lation to  his  name;  his  then  place  of  residence,  street  and 
number;  how  long  he  has  resided  in  the  precinct  where  the  vote 
is  claimed;  the  last  place  of  his  residence  before  coming  into 
that  precinct;  and  also  as  to  his  citizenship,  whether  native  or 
naturalized;  if  the  latter,  when,  where,  and  in  what  court,  or 
before  what  officer,  or  whether  by  act  of  congress ;  whether  he 
came  into  the  precinct  for  the  purpose  of  voting  at  that  election ; 
how  long  he  contemplates  residing  in  the  precinct;  and  such 
other  questions  as  may  tend  to  test  his  qualifications  as  a  resi- 
dent of  the  precinct,  citizenship  and  right  to  vote  at  the  poll ; 
then,  if  the  applicant  appears  to  have  the  right  to  be  regis- 
tered, the  registers  shall  fill  out  the  above  prescribed  form  of 
statement,  which  the  applicant  shall  sign  and  swear  to,  as  above 
provided.  [22  G.  A.,  ch.  48,  §  1;  21  G.  A.,  ch.  161,  §  5;  28  G. 
A.,  ch.  33,  §  1.] 


REGISTRATION    OF   VOTERS.  7 

Former  provisions  for  registry  were  held  not  in  conflict  with  constitu- 
tion, art.  II,  §  1  prescribing  the  qualifications  of  electors:  Edmunds  v. 
jBanbury,  28-267.  And  an  election  without  registry,  where  such  was 
required  by  law,  was  held  void,  the  provisions  of  the  law  being:  mandatory 
and  imperative:  Nefzger  v.  Davenport  &  St.  P.  R.  Co.,  46-642. 

SEC.  1078.  Statements — registry  books — school  elec- 
tions. The  statements  thus  made  shall  be  dated  and  consecu- 
tively numbered,  commencing  with  number  one  at  each 
registration.  At  the  close  of  each  day's  registration,  the  registry 
book  shall  be  ruled  off  so  as  to  prevent  further  entries, 
and,  when  not  in  use  by  the  registers,  shall  be  kept  in 
the  custody  of  the  clerk  until  disposed  of  as  provided  by  law. 
No  person  shall  register  at  any  other  place  or  time  than  is  des- 
ignated in  this  chapter,  and  no  -registration  of  voters  for  school 
elections  shall  be  required.  [22  G.  A.,  ch.  48,  §  10;  21  G.  A., 
ch.  161,  §§  6,  8.] 

SEC.  1079.  List  of  voters.  The  registers  shall,  within 
three  days  after  the  registration  made  in  the  second  week  pre- 
ceding the  election,  prepare  two  alphabetical  lists,  for  their 
respective  voting  precincts,  of  the  names  of  all  persons  regis- 
tered, their  residences,  their  last  preceding  places  of  residence, 
the  dates  of  removal  when  removals  occur  within  one  year, 
nativity,  color,  term  of  residence  in  precinct,  county  and  state, 
whether  naturalized,  date  of  papers,  the  naturalizing  court,  or 
place  of  naturalization  if  court  is  not  known,  whether  natural- 
ized by  act  of  congress,  date  of  application  for  registration;  one 
of  which  lists  they  shall  forthwith  conspicuously  post  or  cause 
to  be  posted  at  the  usual  place  of  holding  elections  in  such  pre- 
cinct, for  inspection  of  the  public,  and  retain  the  other  one  in 
their  possession.  [22  G.  A.,  ch.  48,  §  12;  21  G.  A.,  ch.  161,  §  7.] 

SEC.  1080.  Correction  of  registry — lists  delivered  to 
judges.  On  the  Saturday  before  any  election  at  which  regis- 
tration is  required,  the  registers  shall  meet  at  the  place  where 
registration  was  last  made,  and  hold  a  continuous  session,  from 
eight  o'clock  in  the  forenoon  until  nine  o'clock  in  the  afternoon, 
at  which  they  shall  revise  and  correct  the  registry  book  of 
voters,  adding  thereto,  consecutively  numbering  them,  the 
names  of  all  applying  for  registration  who  on  election  day  will 
be  entitled  to  vote  in  that  precinct,  and  by  striking  therefrom 
the  name  of  any  one  not  entitled  to  vote  thereat.  The  registers 
shall  revise  and  correct  the  alphabetical  list  in  their  possession 
to  correspond  therewith.  When  thus  revised  and  corrected,  it 
shall  be  certified  and  copied  by  the  registers,  who  shall  deliver, 
or  cause  to  be  delivered,  such  list  and  copy  to  the  judges  of  the 
election  of  the  proper  precinct,  and  which  delivery  shall  be 
made  on  election  day,  and  before  the  opening  of  the  polls.  The 
copy  thus  delivered  shall  be  preserved  by  the  judges,  and 
returned  with  the  vote  from  that  precinct,  and  the  original  to 
the  clerk.  At  the  opening  of  the  polls  and  before  any  ballot 
shall  be  received,  the  judges  of  the  election  shall  appoint  one 


8  REGISTRATION    OF   VOTER?. 

of  their  number,  or  one  of  the  clerks,  to  check  the  name  of  each 
voter  whose  name  is  on  the  alphabetical  lists,  to  whom  a  ballot 
is  delivered.  [22  G.  A.,  ch.  48,  §§  1,  3,  4;  21  G.  A.,  oh.  161,  §  8.] 
SEC.  1081.  Appearance  and  hearing.  All  proceedings 
of  registers  shall  be  public,  and  any  person  entitled  to  vote  in  a 
precinct  shall  have  the  right  to  be  heard  before  them  in  refer- 
ence to  corrections  of  or  additions  to  the  lists  of  such  precinct. 
No  person  shall  be  admitted  to  registry  unless  he  appears  in 

Eerson,  except  as  in  this  chapter  provided,  and,  if  demanded, 
e  shall  furnish  to  the  registers  such  proofs  of  his  right  thereto 
as  may  by  law  be  required  by  judges  of  election  of  any  person 
offering  to  vote.  If  an  elector  is,  by  reason  of  sickness,  unable 
to  go  to  the  place  of  registry  on  any  day  the  registers  may  be 
in  session,  the  registers  shall,  upon  the  filing  before  them,  by  a 
registered  elector,  of  an  affidavit  to  that  effect,  visit  such  sick 
elector  at  his  place  of  residence  on  any  day  when  not  in  session, 
and  place  his  name  on  the  registry  book  and  alphabetical  list, 
if  found  entitled  thereto ;  at  which  time  and  place  the  registers 
may  administer  the  oath  hereinbefore  provided  to  be  taken  by 
applicants  for  registry.  [21  G.  A.,  ch.  161,  §  9.] 

SEC.  1082.  Registration  on  election  day.  The  registers 
shall  also  be  in  session  on  the  day  for  the  holding  of  each 
election,  at  some  place  convenient  to,  but  not  within  one 
hundred  feet  of,  the  voting  place,  and  during  all  the 
hours  in  which  by  law  the  polls  are  required  to  be  kept 
open,  for  the  purpose  only  of  granting  certificates  of  registra- 
tion to  persons  who,  being  electors,  are  not  registered.  Such 
registration  shall  be  allowed  and  certificate  thereof  granted 
only  to  a  person  who  was  absent  from  the  city  duiing  all 
the  days  fixed  for  registration  of  voters  for  that  election, 
or  to  a  person  who,  being  a  foreigner,  has  received  his  final 
papers  since  the  last  preceding  day  for  the  registration  of 
voters  for  that  election,  or  to  a  person  whose  name  was,  on  the 
preceding  Saturday,  and  in  the  absence  of  such  person,  stricken 
from  registration,  and  who,  on  said  day  of  election,  shall  prove 
to  the  satisfaction  of  said  registers  that  he  is  a  lawfully  qualified 
elector  of  said  voting  precinct.  These  certificates  of  registra- 
tion shall  contain  all  the  data  showing  the  qualification  of  the 
voter  as  shown  by  the  registration,  and,  in  addition,  the  special 
matter  showing  the  voter's  right  to  such  certificate  under  this 
section,  and,  before  delivery  to  the  applicant,  shall  be  endorsed 
by  the  registers,  to  the  effect  that  the  person  therein  named  is 
a  qualified  voter  in  that  precinct,  and  that  he  is  entitled  to  be 
registered  as  such.  The  proper  statement  shall  be  signed  and 
sworn  to  by  the  voter  before  one  of  the  registers,  supported  by 
the  affidavit  of  a  freeholder  who  is  a  registered  voter  in  that 
precinct,  who  shall  make  oath  to  the  qualification  of  the  appli- 
cant as  a  voter  in  that  precinct;  and  if  the  applicant  be  one 
whose  name  was  stricken  from  registration,  such  affidavit  of 
said  freeholder  shall  contain  the  facts  showing  the  right  of  said 


REGISTRATION  OF   VOTERS.  9 

applicant  to  vote  in  that  precinct.  Registration  in  such  cases 
shall  be  made  in  the  manner  required  for  regular  registration. 
The  certificate  of  registration  shall  be  handed  in  to  tne  judges 
of  election  when  a  ballot  is  delivered  to  him.  The  data  there- 
from, showing  the  voter's  name  and  his  qualification  as  a  voter, 
shall  be  entered  on  the  alphabetical  lists  by  the  judges  and 
clerks  of  the  election,  under  the*  appropriate  headings,  and  the 
original  certificate  shall  be  returned  to  the  city  clerk,  who  shall 
carefully  preserve  it  in  the  same  manner,  and  for  the  same 
time  as  the  alphabetical  list  and  poll  book.  [22  G.  A.,  ch. 
48,  §  7.] 

SEC.  1083.  Striking  off  names.  The  registers,  prior  to 
each  election  except  presidential  elections,  and  after  completing 
their  registration,  shall  certify  the  names  of  all  persons  by 
them  registered  to  the  registers  of  the  ward  or  precinct  of  the 
same  city,  which  the  registration  shows  such  persons  gave- as 
their  last  place  of  residence,  and  the  nam.es  of  such  persons  so 
certified  shall  be  stricken  from  the  registry  lists  of  the  ward  or 
precinct  in  which  they  last  resided,  if  found  thereon.  [25  G. 
A.,  ch.  58,  §  1.] 

SEC.  1084.  New  registry — how  often.  A  new  registry 
of  voters  shall  be  taken  in  each  year  of  a  presidential  election. 
For  all  other  state  or  municipal  elections,  general  or  special, 
the  registers  shall  prepare  a  new  registry  book  in  each  year, 
by  copying  from  the  poll  book  of  the  preceding  general  election 
all  the  names  found  therein,  adding  thereto  those  of  all  persons 
registered  and  voting  at  any  subsequent  election ,  which  new 
registry  book  shall  show  all  the  facts  of  qualification  of  each 
voter  as  they  appear  on  the  last  preceding  registry  book,  which, 
when  thus  made  up,  shall  be  used  at  'each  election  until  a  new 
registry  book  is  prepared  as  required  by  law.  Every  person 
;hus  registered  shall  be  considered  as  entitled  to  vote  at  any 
slection  at  which  said  registry  book  may  be  used,  unless  his 
name  shall  be  dropped  by  the  correction  of  registration,  as 
authorized  by  law.  [25  G.  A.,  ch.  58,  §  1;  22  G.  A.,  ch.  48, 
IS  2,  3.] 

•SEO.  1085.  Notice.  The  times  and  places  of  making  reg- 
stration  of  voters  shall  be  published  by  the  mayor  in  the  two 
eading  political  party  papers  published  in  such  city,  except  no 
Dublication  shall  be  required  for  a  special  election.  If  there  be 
Dut  one  such  paper  published  in  the  city,  publication  of  notice 
;herein  shall  be  sufficient.  The  publication  shall  be  made  for  a 
Deriod  of  three  days  prior  to  the  opening  of  the  registry  book, 
f  the  paper  is  a  daily  paper,  and  for  one  week,  if  a  weekly 
Daper,  and  shall  call  the  attention  of  the  voters  to  the  necessity 
)f  complying  with  the  laws  with  reference  to  registration,  in 
>rder  to  be  entitled  to  vote  at  the  ensuing  election.  [21  G.  A.. 
)h.  161,  §  12.] 

SEC.  1086.  City  Clerk.  The  city  clerk  shall  carefully 
reserve  all  registry  books  and  alphabetical  lists  and  other 


10  ELECTIONS. 

papers  pertaining  to  the  registration,  until  destroyed  as  pro- 
vided in  the  chapter  on  the  canvass  of  votes.  He  shall,  on  the 
application  of  the  registers,  deliver  to  them,  prior  to  their  first 
meeting  for  each  election,  the  registry  book,  alphabetical  list 
and  poll  book,  which  they  require  in  order  to  properly  prepare 
the  necessary  registry  book  for  the  next  ensuing  election;  all  of 
which  shall  be  returned  to  him  "when  they  have  completed  their 
work  for  such  election.  [22  G.  A.,  ch.  48,  §  6.] 

SEC.  1087.  Penalty.  If  any  register  shall  fail  to  per- 
form any  duty  required  of  him  in  this  chapter,  he  shall  forfeit 
the  sum  of  one 'hundred  dollars,  to  be  recovered  by  any  person 
in  any  court  having  jurisdiction ;  and  if  any  register  or  judge 
of  election  shall  wilfully  neglect  or  disregard  any  duty  imposed, 
or  shall  make,  or  permit  to  be  made,  any  registration,  state- 
ment or  list,  except  at  the  time  and  place  and  in  the  manner 
herein  authorized  and  prescribed,  or  shall  knowingly  make,  or 
permit  to  be  made,  any  false  statement  as  aforesaid,  or  if  any 
person  shall  wilfully  make,  or  authorize  to  be  made,  any  state- 
ment required  to  be  made,  false  in  any  particular,  or  shall 
violate  any  of  the  provisions  of  this  chapter,  every  such 
register  or  judge  of  election,  person  or  persons,  shall  be  guilty 
of  a  misdemeanor,  and,  upon  conviction,  fined  in  a  sum  not  less 
than  fifty  nor  more  than  two  hundred  dollars,  or  be  imprisoned 
in  the  county  jail  not  less  than  twenty  days,  nor  more  than  six 
months,  or  both,  at  the  discretion  of  the  court.  [21  G.  A.,  ch. 
161,  §  10.] 


CHAPTER  3. 

OF  ELECTIONS. 

SECTION  1088.  All  elections  except  school.  The  provi- 
sions of  this  chapter  shall  apply  to  all  elections  known  to  the  laws 
of  the  state,  except  school  elections.  [21  G.  A.,  ch.  141,  §  2.] 

SEC.  1089.  General  and  special.  The  term  "general 
election",  as  used  in  this  chapter,  shall  apply  to  any  election 
held  for  the  choice  of  national,  state,  judicial,  district,  county 
or  township  officers;  that  of  "city  election"  shall  apply  to  any 
municipal  election  held  in  a  city  or  town;  and  that  of  "special 
election"  shall  apply  to  any  other  election  held  for  any  purpose 
authorized  or  required  by  law.  [24  G.  A.,  ch.  33,  §  2.] 

The  Australian  ballot  law  as  originally  adopted  (24  G  =  A.,  ch.  33)  did 
not  apply  to  special  elections  held  for  the  purpose  of  voting  taxes  in  aid  of 
railroads  or  bridges.  Pritchard  v.  Magoun,  109-364;  Bras.  v.  Burlington, 
C.  X.  &  N.  K.  Co.,  114-401. 

SEC.  1090.  Election  precincts.  Each  township,  or,  in 
case  a  township  contains  a  city  or  a  portion  thereof,  such 
portion  of  the  township  as  is  outside  the  limits  of  the  city,  and 
each  ward  of  a  city,  shall,  respectively,  constitute  an  election 


ELECTIONS.  11 

precinct.  But  the  board  of  supervisors  or  the  council,  as  the 
case  may  be,  shall  have  power  to  divide  a  township  or  part 
thereof,  or  a  ward,  into  two  or  more  precincts,  or  to  change  or 
abolish  the  same;  or  the  board  of  supervisors  and  the  council 
of  any  city  of  less  than  thirty- five  hundred  inhabitants,  not 
including  the  inmates  of  any  state  institution,  may  combine 
any  part  of  the  township  outside  of  such  city  with  any  or  all 
the  wards  thereof  as  one  election  precinct,  or  change  or  abolish 
such  precinct;  or  the  council  of  such  city  may  combine  the 
several  wards  into  one  or  more  precincts.  No  precinct  shall 
contain  different  townships  or  parts  thereof.  Each  incorporated 
town  shall  constitute  a  precinct  for  town  elections.  No  person 
shall  vote  in  any  precinct  but  that  of  his  residence.  [25  G.  A., 
ch.  60;  21  G.  A.,  ch.  141,  §  2;  C.  '73,  §§  501,  603,  605;  R., 
§  480;  C.  '51,  §  245.] 

Residence:  By  going  into  a  township  and  remaining  there  for  the  sole 
purpose  of  voting,  with  no  intention  of  remaining  longer,  one  will  not 
acquire  sufficient  residence  to  entitle  him  to  vote;  but  if  the  removal  is  in 
good  faith,  no  length  of  residence  is  necessary:  State  v.  Minnick,  15-123. 

Where  the  time,  place  and  manner  of  holding  elections  are  not  prescribed 
by  the  constitution,  but  commi  ted  to  the  legislature,  the  reception  of  votes 
out  of  the  precinct  or  the  county  of  elector's  residence  may  be  constitu- 
tionally authorized:  Morrison  v.  Springer,  15-304. 

If  no  requirements  as  to  length  of  residence  were  contained  in  the  con- 
stitution, the  legislature  might  fix  such  length  of  residence  as  it  should  see 
fit:  Ibid. 

The  residence  of  a  voter  is  the  place  of  his  domicile  or  place  of  abode,  as 
distinguished  from  the  residence  acquired  as  a  sojourner  for  business, 
education,  or  other  temporary  purpose.  Therefore,  held,  that  a  student  in 
the  university  at  Iowa  City,  sent  there  and  supported  by  his  father,  and 
making  his  father's  home  his  "headquarters"  during  vacation,  was  not 
entitled  to  vote  in  Iowa  City,  though  he  had  been  there  the  requisite  length 
of  time  and  had  no  present  intention  of  leaving  there  when  he  ceased  to 
attend  the  university:  iSanderpoel  v .  O'Hanlon>  53-246. 

If  the  ballot  of  a  voter  is  received  it  is  no  ground  of  complaint  that  an 
improper  oath  has  been  administered  to  him  touching  his  qualifications: 
State  ex  rel  v.  O'Day,  69-368. 

Evidence  in  a  particular  case  as  to  the  actual  residence  of  a  voter  con- 
sidered: Kelso  v.  Wright,  110  560. 

Persons  in  military  service:  A  soldier,  serving  in  the  volunteer  forces 
of  the  federal  government  does  not  thereby  lose  nor  change  his  place  of 
residence,  which  remains  that  of  the  county  of  his  residence  at  the  time  of 
entering  the  service:  and  if  he  should  be  in  such  county  on  the  day  of 
election  he  would  unquestionably  have  the  right  to  vote,  it  otherwise  quali- 
fied: Morrison  v.  Springer  15-304. 

And  held,  that  the  legislature  may  authorize  the  casting  of  ballots  by 
soldiers  at  points  where  they  are  stationed  outside  the  state:  Ibid. 

Under  the  statute  authorizing  persons  absent  from  the  state  in  military 
service  to  vote  at  general  elections,  held,  that  the  submission  cf  a  proposi- 
tion for  the  disposition  of  swamp  lands  at  a  special  election  at  which  per- 
sons in  the  militarv  service  could  not  vote  was  not  illegal:  Cedar  Rapids 
&  M.R.  Co.  v.  Boone  County,  34-45. 

SEC.  1091.  Polling  places  for  country  precincts.  Poll- 
ing places  for  precincts  outside  the  limits  of  a  city,  but  within 
the  township  in  which  the  city  is  in  whole  or  in  part  situated, 
may,  for  the  convenience  of  the  voters,  be  fixed  at  some  room 


12  ELECTIONS. 

or  rooms  in  the  court-house,  or  in  some  other  building  within 
the  limits  of  the  city,  as  the  board  of  supervisors  may  provide, 
[21  G.  A.,  ch.  161,  §  14.] 

SEC.  1092.  Notice  of  boundaries  of  precincts.  The 
board  of  supervisors  or  council  shall  number  or  name  the  sev- 
eral precincts  established,  and  cause  the  boundaries  of  each  to 
be  recorded  in  the  records  of  said  board  of  supervisors  or  coun- 
cil, as  the  case  may  be,  and  publish  notice  thereof  in  some 
newspaper  of  general  circulation,  published  in  such  county  or 
city,  once  each  week  for  three  consecutive  weeks,  the  last  to  be 
made  at  least  thirty  days  before  the  next  general  election.  The 
precincts  thus  established  shall  continue  until  changed.  [C. 
'73,  §  604.] 

SEC.  1093.  Election  boards.  Election  boards  shall  con- 
sist of  three  judges  and  two  clerks.  Not. more  than  two  judges 
and  not  more  than  one  clerk  shall  belong  to  the  same  political 
party  or  organization,  if  there  be  one  or  more  electors  qualified 
and  willing  to  act  as  such  judge  or  clerk,  and  a  member  or 
members  of  opposite  parties.  In  cities  and  towns,  the  council- 
men  shall  be  judges  of  election ;  but  in  case  more  than  two 
councilmen  belonging  to  the  same  political  party  or  organiza- 
tion are  residents  of  the  same  election  precinct,  the  county 
board  of  supervisors  may  designate  which  of  them  shall  serve 
as  judges.  In  township  precincts,  the  clerk  of  the  township 
shall  be  a  clerk  of  election  of  the  precinct  in  which  he  resides, 
and  the  trustees  of  the  township  shall  be  judges  of  election, 
except  that,  in  townships  not  divided  into  election  precincts,  if 
all  the  trustees  be  of  the  same  political  party,  those  two  only 
whose  terms  shall  next  expire  shall  be  judges  of  such  precinct. 
The  membership  of  such  election  board  shall  be  made  up  or 
completed  by  the  board  of  supervisors  from  the  parties  which 
cast  the  largest  and  next  largest  number  of  votes  in  said  pre- 
cinct at  the  last  general  election,  or  that  one  which  is  unrepre- 
sented; but,  in  city  and  town  elections,  the  powers  given  in  this 
chapter  and  duties  herein  made  incumbent  upon  the  board  of 
supervisors  shall  be  performed  by  the  council.  If,  at  the  open- 
ing of  the  polls  in  any  precinct,  there  shall  be  a  vacancy  in 
the  office  of  clerk  or  judge  of  election,  the  stame  shall  be 
filled  by  the  members  of  the  board  present,  and  from  the  politi- 
cal party  which  is  entitled  to  such  vacant  office  under  the  pro- 
visions of  this  chapter.  The  election  board  at  any  special 
election  shall  be  the  same  as  at  the  last  preceding  general  elec- 
tion. In  case  of  vacancies  happening  therein,  the  county 
auditor  may  make  the  appointments  to  fill  the  same  when  the 
board  of  supervisors  is  not  in  session.  [26  G.  A.,  ch.  68,  §  3; 
O.  '73,  §  §606-8;  R.,  §  §  481-3;  C.  '51,  §  §  246-8.]  [31  G.  A., 
ch.  42.] 

SEC.  1094.  Oath.  Before  opening  the  polls,  each  of  the 
udges  and  clerks  shall  take  the  following  oath:  "I.  A.  B.,  do 

lemnly  swear  that  I  will  impartially,  and  to   the   best  of   my 


ELECTIONS.  13 

knowledge  and  ability,  perform  the  duties  of  judge  (or  clerk) 
of  this  election,  and  will  studiously  endeavor  to  prevent  fraud, 
deceit  and  abuse  in  conducting  the  same."  [C.  '73,  §  609;  R., 
§484;  C.  '51,  §  249.] 

These  provisions  are  directory.  A  failure  of  the  officers  mentioned  to 
be  sworn  will  not  vitiate  the  election,  and  in  a  case  in  court  involving  the 
validity  of  an  election,  the  fact  that  the  officers  were  sworn  may  be  proved 
aliunde.  The  return  is  not  conclusive:  Dishon  v.  Smith,  10-212. 

SEC.  1095.  How  administered.  Anyone  of  the  judges 
or  clerks  present  may  administer  the  oath  to  the  others,  and  it 
shall  be  entered  in  the  poll  books,  subscribed  by  the  person 
taking  it,  and  certified  by  the  officer  administering  it.  [C.  '73, 
§  610;  R.,  §  485;  C.  '51,  §  2cO]. 

SEC.  1096.  Polls  open.  At  all  elections  the  polls  shall  be 
opened  at  eight  o'clock  in  the  forenoon,  except  in  cities  where 
registration  is  required,  when  the  polls  shall  be  opened  at  seven 
o'clock  in  the  forenoon,  or  in  each  case  as  soon  thereafter  as 
vacancies  in  the  places  of  judges  or  clerks  of  election  have  been 
filled.  In  all  cases  the  polls  shall  be  closed  at  seven  o'clock  in 
the  evening.  [24  G.  A.,  ch.  33,  §  32;  C.  '73,  §  611;  R.,  §  486; 
C.  '51,  §  251;  28  G.  A.,  ch.  34,  §  1.] 

SEC.  1097.  Voting  by  ballot.  In  all  elections  regulated 
by  this  chapter,  the  voting  shall  be  by  ballots  printed  and 
distributed  as  hereinafter  provided,  except  as  may  be  otherwise 
especially  directed  by  law.  [24  G.  A.,  ch.  33,  §  1.] 

SEC.  1098.  Nomination  by  convention.  Any  convention 
of  delegates,  and  any  primary,  caucus  or  meeting  of  qualified 
electors,  representing  a  political  party  which,  at  the  general 
election  next  preceding,  polled  at  least  two  per  cent,  of  the 
entire  vote  cast  in  the  state,  may,  for  the  state,  or  any  division 
or  municipality  thereof  for  which  the  same  is  held,  make  one 
nomination  of  a  candidate  for  each  office  therein  to  be  filled  at 
the  election,  and  any  such  convention,  primary,  caucus  or 
meeting,  representing  a  political  party  which,  at  the  general 
election  next  preceding,  polled  at  least  two  per  cent,  of  the 
entire  vote  cast  in  any  division  or  municipality  of  the  state, 
may,  for  such  division  or  municipality,  or  for  any  political 
subdivision  thereof  for  which  the  same  is  held,  make  one  such 
nomination  for  each  office  therein  to  be  filled  at  the  election. 
[Same,  §  4.] 

SEC.  1099.  Certificates.  Certificates  of  nominations, 
made  as  provided  in  the  preceding  section,  shall,  besides 
contained  the  names  of  candidates,  specify  as  to  each: 

1.  The  office  to  which  he  is  nominated; 

2.  The  party  making  such  nomination,  or  political  principal 
which  he  represents,  expressed  in  not  more  than  five  words; 

3.  His  place  of  residence,  with  the  street  and  number  thereof, 
if  any. 

Incase  of  electors  for  president  and  vice-president  of  the 
United  States,  the  names  of  the  candidates  for  president  and 
vice-president  may  be  added  to  the  party  or  political  name. 


14  ELECTIONS. 

Every  such  certificate  of  nomination  shall  be  signed  by  the 
presiding  officer  and  secretary  of  the  convention,  caucus  or 
meeting  of  qualified  electors,  or  by  the  board  of  canvassers  to 
which  the  returns  of  such  primary  election  are  made,  each  of 
whom  shall  add  to  his  signature  his  place  of  residence,  and 
shall  be  sworn  to  by  each  signer  thereof  to  be  true  to  the  best 
of  his  knowledge  and  belief,  and  a  certificate  of  the  oath  shall 
be  annexed  to  ihe  certificate  of  nomination.  The  presiding  officer 
and  secretary  of  each  convention,  primary,  caucus  or  meeting 
shall  also  certify,  to  the  officer  with  whom  the  nomination  cer- 
tificates are  filed,  the  names  and  addresses  of  each  of  the  members 
of  the  executive  or  central  committee  appointed  or  elected  by  or 
representing  it,  and  the  provisions,  if  any,  made  by  it  for  filling 
vacancies  in  nominations;  and  this  may  be  done  in  the  nomi- 
nation certificate,  or  by  a  separate  certificate.  [Same,  §§  4,  6.] 
SEC.  1100.  Nominations  by  petition.  Nominations  for 
candidates  for  state  offices  may  also  be  made  by  nomination 
paper  or  papers  signed  by  not  less  than  five  hundred  qualified 
voters  of  the  state;  for  county,  district  or  other  division,  not 
less  than  a  county, by  such  paper  or  papers  signed  by  not  less  than 
twenty-five  qualified  voters,  residents  of  such  county,  district 
or  division;  and  for  township,  city,  town  or  ward,  by  such 
paper  or  papers  signed  by  not  1-ess  than  ten  qualified  voters, 
residents  of  such  township,  city,  town  or  ward;  but  the  name 
of  a  candidate  placed  upon  the  ballot  by  any  other  method 
shall  not  be  added  by  petition  for  the  same  office.  Each  elector 
so  petitioning  shall  add  to  his  signature  his  place  of  business 
and  post-office  address.  [Same,  §  5  ] 

Petitioners  who  have  candidates  placed  on  the  ballot  without  a  nominating 
convention  are  not  entitled  to  have  their  ticket  headed  by  the  name  of  the 
party  which  they  may  claim  to  represent,  when  such  party  nominates  a 
ticket  by  convention.  The  appellation  of  a  ticket  is  a  matter  to  be  deter- 
mined by  the  officers  making  up  the  ballot:  Lowery  v.  Dams,  70  N.W., 
190. 

SEC.  1101.  Withdrawals.  Any  candidate  named  by 
either  of  the  methods  authorized  in  this  chapter  may  withdraw 
his  nomination  by  a  written  request,  signed  and  acknowledged 
by  him  before  any  officer  empowered  to  take  the  acknowledg- 
ment of  deeds,  and  filed  in  the  office  of  the  secretary  of  state 
fifteen  days,  or  the  proper  auditor  or  clerk  eight  days,  before  the 
day  of  election,  and  n@  name  so  withdrawn  shall  be  printed  upon 
the  ballot.  In  case  of  a  special  election  to  fill  vacancies  in  office, 
such  withdrawal  papers  shall  be  filed  with  the  secretary  of  state 
seven  days,  and  with  the  proper  auditor  or  clerk  four  days, 
before  the  day  of  such  special  election.  [Same,  §  8.] 

SEC.  1102.  Vacancies  filled.  If  a  candidate  declines  a 
nomination,  or  dies  before  election  day,  or  should  any  certifi- 
cate of  nomination  or  nomination  paper  be  held  insufficient  or 
inoperative  by  the  officer  with  whom  it  may  be  filed,  or  in  case 
any  objection  made  to  any  certificate  of  nomination,  nomina- 


ELECTIONS.  15 

tion  paper,  or  to  the  eligibility  of  any  candidate  therein  named, 
is  sustained  by  the  board  appointed  to  determine  such  questions 
as  hereinafter  provided,  the  vacancy  or  vacancies  thus  occa- 
sioned may  be  filled  by  the  convention,  caucus,  meeting  or  pri- 
mary, or  other  making  the  original  nominations,  or  in  such  a 
manner  as  such  convention,  caucus,  meeting  or  primary  has 
previously  provided.  If  the  time  is  insufficient  for  again  holding 
such  convention,  caucus,  meeting  or  primary,  or  in  case  no  such 
previous  provisions  being  made,  such  vacancy  shall  be  filled  by 
the  regularly  elected  or  appointed  executive  or  central  com- 
mittee of  the  particular  division  or  district  representing  the 
political  party  or  persons  holding  such  convention,  primary, 
meeting  or  caucus,  and  certified  as  hereinbefore  provided.  The 
certificates  of  nominations  made  to  supply  such  vacancies  shall 
state,  in  addition  to  the  facts  hereinbefore  required,  the  name 
of  the  original  nominee,  the  date  of  his  death  or  decimation  of 
nomination,  or  the  fact  that  the  former  nomination  has  been 
held  insufficient  or  inoperative,  and  the  measures  taken  in 
accordance  with  the  above  requirements  for  filling  a  vacancy, 
and  shall  be  signed  and  sworn  to  by  the  presiding  officer  and 
secretary  of  the  convention,  caucus,  meeting  or  primary,  or  by 
the  chairman  and  secretary  of  the  committee,  as  the  case  may  be. 
[Same,  §  9.] 

SEC.  1103.  Objections.  All  objections  or  other  questions 
arising  in  relation  to  certificates  of  nomination  or  nomination 
papers  shall  be  filed  with  the  officer  with  whom  the  certificate  of 
nomination  or  nomination  papers  to  which  objection  is  made  are 
filed.  Those  with  the  secretary  of  state  shall  be  filed  not  less 
than  twenty  days,  and  those  with  other  officers  not  less  than 
eight  days,  before  the  day  of  election,  except  that  nominations 
to  fill  vacancies  occurring  after  said  time,  or  in  case  of  nomina- 
tion made  to  be  voted  on  at  a  special  election,  objections  shall 
be  filed  within  three  days  after  the  filing  of  the  certificate  or 
nomination  papers.  Objections  filed  with  the  secretary  of  state 
shall  be  considered  by  the  secretary  and  auditor  of  state  and 
attorney -general,  and  a  majority  decision  shall  be  final;  but  if 
the  objection  is  to  the  certificate  or  nomination  papers  of  one  or 
more  of  the  above  named  officers,  said  officer  or  officers  so 
objected  to  shall  not  pass  upon  the  same,  but  their  places  shall 
be  filled,  respectively,  by  the  treasurer  of  state,  the  governor, 
and  the  superintendent  of  public  instruction.  Objections  filed 
with  the  county  auditor  shall  be  considered  by  the  county  auditor, 
clerk  of  the  district  court  and  county  attorney,  and  a  majority 
decision  shall  be  final;  but  if  the  objection  is  to  the  certificate  or 
nomination  papers  of  one  or  more  of  the  above  named  county 
officers,  said  officer  or  officers  so  objected  to  shall  not  pass  upon 
such  objection,  but  their  places  shall  be  filled,  respectively,  by  the 
county  treasurer,  the  sheriff  and  county  superintendent.  Objec- 
tions filed  with  the  city  or  town  clerk  shall  be  considered  by  the 
mayor  and  clerk  and  one  member  of  the  council  chosen  by  the 


16  ELECTIONS. 

council  by  ballot,  and  a  majority  decision  shall  be  final;  but  if 
the  objection  is  to  the  certificate  or  nomination  papers  of  either 
of  said  city  or  town  officials,  he  shall  not  pass  upon  said  objec- 
tion, but  his  place  shall  be  filled  by  a  member  of  the  council 
against  whom  no  such  objection  exists,  chosen  as  above  provided. 
When  any  of  the  above  objections  are  made,  notice  shall  forth- 
with be  given  to  the  candidate  affected  thereby,  addressed  to 
his  place  of  residence  as  given  in  the  certificate  or  nomination 
papers,  stating  that  objections  have  been  made  to  his  certificate 
or  nomination  papers,  also  stating  the  time  and  place  such 
objections  will  be  considered.  [Same,  §  10.] 

SEC.  1104.  Filing  certificates  and  petitions.  Certificates 
of  nomination  and  nomination  papers  of  candidates  for  state, 
congressional,  judicial  and  legislative  offices  shall  be  filed  with 
the  secretary  of  state,  not  more  than  sixty  nor  less  than  thirty 
day s ;  those  for  all  other  officers,  except  for  cities  and  towns, 
with  the  county  auditors  of  the  respective  counties,  not  more 
than  sixty  nor  less  than  twenty  days ;  and  for  the  offices  in  the 
cities  and  towns,  with  the  clerks  thereof,  not  more  than  forty  nor 
less  than  ten  days,  before  the  day  fixed  by  law  for  the  holding 
of  the  election.  Such  certificates  and  nomination  papers  thus 
filed,  and  being  apparently  in  conformity  with  law,  shall  be 
regarded  as  valid,  unless  objection  in  writing  thereto  shall  be 
made,  and,  under  proper  regulations,  shall  be  open  to  public 
inspection,  and  preserved  by  the  receiving  officer  for  not  less 
than  six  months  after  the  election  is  had.  Any  error  found  in 
such  papers  may  be  corrected  by  the  substitution  of  another, 
executed  as  is  required  for  an  original  nomination  certificate  or 
paper.  In  case  of  special  election  to  fill  vacancies  in  office, 
certificates  of  nomination  or  nomination  papers,  for  nomination 
of  candidates  for  office  to  be  filled  by  the  electors  of  a  larger 
district  than  a  county,  may  be  filed  with  the  secretary  of  state, 
not  later  than  ten  days  before  the  time  of  election.  Certificates 
of  nomination  or  nomination  papers,  nominating  candidates  for 
office  to  be  filled  by  the  electors  of  a  county,  may  be  filed  with 
the  county  auditor  at  any  time  not  less  than  five  days  before  the 
election.  [26  G.  A.,  ch.  68,  §  §  1-2;  24  G.  A.,  ch.  33,  §  §  4,  7, 
8,  10.] 

SEC.  1105.  Nominations  transmitted  to  county  audi- 
tor. Not  less  than  fifteen  days  before  the  election,  the  secretary 
of  state  must  certify  to  the  auditor  of  each  county  in  which 
any  of  the  electors  have  the  right  to  vote  for  any  candidate  or 
candidates,  the  name  and  residence  of  each  person  nominated, 
whether  an  original  nomination  or  to  fill  a  vacancy,  to  be  voted 
for  at  such  election,  and  the  order  in  which  the  tickets  shall 
appear  on  the  ballot.  Should  a  vacancy  in  the  nominations 
occur  and  be  filled  after  this  certificate  has  been  forwarded,  a 
like  certificate  shall  at  once  issue  and  be  sent  the  proper  officer. 
In  case  of  special  election  to  fill  vacancy  in  office,  the  certificate 
by  the  secretary  of  state  to  the  county  auditor  may  be  made  at 


ELECTIONS. 


17 


any  time  not  later  than  seven  days  before  the  election.     [26  G. 
A.,  ch.  68,  §§  1,  2;  24  G.  A  ,  ch.  33,  §§11-13.] 

SEC.   1106.     Ballot — form.     The  names  of  all  candidates  to 
be  voted  for  in  each  election  precinct  shall  be  printed  on  one 
ballot,  all  nominations  of   any  political  party  or  group   of   peti- 
tioners being  placed  under  the  party  name  or  title  of  such  party 
or  group,  as   designated  by  them  in  their   certificates  of  nomi- 
nation or  petitions,  or,  if   none  be  designated,  then  under  some 
suitable  title,  and  the  ballot  shall  contain  no  other  names,  except 
that,    in    case  of   electors   for  president  and  vice-president  of 
the  United  States,  the  names  of  the  candidates  for  president  and 
vice-president  may  be  added  to  the  party   or  political  designa- 
tion.    Each  list  of  candidates  for  the  several  parties  and  groups 
of  petitioners  shall  be  placed  in  a  separate  column  on  the  ballot, 
in  such  order  as  the  authorities  charged  with  the  printing  of  the 
ballots  shall  decide,  except  as  otherwise  provided,  and  be  called 
a  ticket.     But  the  name  of  no  candidate  shall  appear  upon  the 
ballot  in  more  than  one  place  for  the  same  office,  whether  nomi- 
nated  by  convention,   primary,  caucus   or  petition   except   as 
hereinafter  provided     Where  two  or  more  conventions,  primaries 
or  caucuses,  or  any  two  of  them,  may  nominate  the  same  candi- 
date for  any  office,  the  name  of  such  candidate  shall  be  printed 
under  the  name  of  the  party  first  filing  nomination  papers  bear- 
ing such   name,  unless  the  candidate   himself  shall,  in   writing 
duly  verified,    request  the   officer  with  whom   the   nomination 
papers  are  filed  to  cause  the  name  to  be  printed  upon  some  other 
ticket  provided,  that  in  any  judicial  district  of  the  state  in  which 
the  bar  association,  or  a  convention  of  attorneys  of  the  district 
nominates  or  recommends  candidate  or  candidates  for  the  office 
of  district  judge,  and   such  candidates  are   also  nominated   or 
indorsed  by  any  political  party,  in  preparing  the  ballots   for  the 
general  election,   the  names  of   such   candidate  or   candidates 
shall  be   printed  as  candidate  or   candidates   for  each  party  by 
whom  they  are  nominated,  whether  by  primary,   convention  or 
petition.     Each  of  the  columns  containing  the  list  of  candidates, 
including  the  party  name,  shall  be  separated  by  a  distinct  line. 
Said  ballot  shall  be  substantially  in  the  following  form: 


REPUBLICAN 

DEMOCRATIC. 

PROHIBITION. 

UNION  LABOR. 

For  Governor, 

For  Governor, 

For  Governor, 

For  Governor, 

A.    ..  .B,... 

G  ...  H  

M  N  .... 

S  T  

of.  .  .County. 

of.  .  .County. 

of..  .County. 

of.  ...County. 

bor  Lieutenant 

For  Lieutenant 

For  Lieutenant 

For  Lieutenant 

Governor, 

Governor, 

Governor, 

Governor, 

C  D.... 

I 

I  J  

0  P  

U  V  



of.  .  .  County. 

of.  .  .County. 

of.  .  .County. 

of..  .County. 

For  Judge  of 

For  Judge  of 

For  Judge  of 

For  Judge  of 

Supreme  Court, 

Supreme  Court, 

Supreme  Court, 

Supreme  Court, 

E  F  

K  L  

Q  R  

W....  X  



of.  .  .County. 

of.  .  .  County. 

of  —  County. 

of.  .  .  County. 

18  ELECTIONS. 

When  a  constitutional  amendment  or  other  public  measure  is 
to  be  voted  upon  by  the  electors,  it  shall  be  printed  in  full  upon 
a  separate  ballot,  preceded  by  the  words,  ''Shall  the  following 
amendment  to  the  constitution  (or public  measure)  be  adopted?" 
and  upon  the  right  hand  margin,  opposite  these  words,  two 
spaces  shall  be  left,  one  for  votes  favoring  such  amendment  or 
public  measure,  and  the  other  for  votes  opposing  the  same.  In 
one  of  these  spaces  the  word  "yes"  or  other  word  required  by  law 
shall  be  printed;  in  the  other,  the  word  "no"  or  other  word 
required,  and  to  the  right  of  each  space  a  square  shall  be  printed 
to  receive  the  voting  cross,  all  of  which  shall  be  substantially  in 
the  following  form : 

"Shall  the  following  amendment  to  the  constitution  (or  public 
measure)  be  adopted?" 


|  Yes. 

(Here  insert  in   full  the  proposed   constitu- 
tional amendment  or  public  measure.) 


No. 


The  elector  shall  designate  his  vote  by  a  cross  mark  thus  X» 
placed  in  the  proper  square.  At  the  top  of  such  ballots  shall  be 
printed  the  following  words,  enclosed  in  brackets :  [Notice  to 
voters.  For  an  affirmative  vote  upon  any  question  submitted 
upon  this  ballot  make  a  cross  (x)  mark  in  •  the  square  after  the 
word  "Yes."  For  a  negative  vote  make  a  similar  mark  in  the 
square  following  the  word  "No."]  If  more  than  one  constitu- 
tional amendment  or  public  measure  is  to  be  voted  upon,  they 
shall  be  printed  upon  the  same  ballot,  one  below  the  other,  with 
one  inch  space  between  each  constitutional  amendment  or  pub- 
lic measure  that  is  to  be  submitted.  All  of  such  ballots  for  the 
same  polling  place  shall  be  of  the  same  size,  similarly  printed, 
upon  yellow  colored  paper.  On  the  back  of  each  such  ballot 
shall  be  printed  appropriate  words,  showing  that  such  ballot 
relates  to  a  constitutional  or  other  question  to  be  submitted  to 
the  electors,  so  as  to  distinguish  the  said  ballots  from  the 
official  ballot  for  candidates  for  office,  and  a/ac  simile  of  the 
signature  of  the  auditor  or  other  officer  who  has  caused  the 
ballot  to  be  printed.  Such  ballots  shall  be  endorsed  and  given 
to  each  voter  by  the  judges  of  election,  as  provided  in  section 
eleven  hundred  and  sixteen  (1116),  and  shall  be  subject  to  all 
other  laws  governing  ballots  for  candidates,  so  far  as  the  same 
shall  be  applicable.  [24  G.  A.,ch.  33,  §§  14,16]  [28  G.  A., 
oh.  35,  §1.]  [31  G.  A.,  ch  43;  ch.  44,  §  1.] 

SE  :.  1107.  Printing.  For  all  elections  held  under  this 
chapter,  except  those  of  cities  or  towns,  the  county  auditor 
shall  have  charge  of  the  printing  of  ballots  in  his  county,  and 
shall  cause  to  be  placed  thereon  the  names  of  all  candidates 
which  have  been  certified  to  him  by  the  secretary  of  state,  in 
the  order  the  same  appear  upon  the  certificate  issued  by  the 


ELECTIONS. 

secretary  of  state,  together  with  those  of  all  other  candidates  to 
be  voted  for  thereat,  whose  nominations  have  been  made  in  con- 
formity with  law.  If  a  township  election  precinct  includes  a 
town  or  any  part  thereof,  the  names  of  nominees  for  township 
assessors  shall  not  be  placed  upon  the  official  ballot  for  that 
precinct.  In  city  or  town  elections,  the  clerk  shall  have  charge 
of  the  printing  of  the  ballots,  and  shall  cause  to  be  placed 
thereon  the  names  of  all  candidates  to  be  voted  for  thereat, 
whose  nominations  have  been  made  as  provided  in  this  chapter; 
and  in  either  case  such  ballots  shall  be  furnished  the  election 
judges  at  the  polling  place  in  each  precinct  not  less  than  twelve 
hours  before  the  opening  of  the  polls  on  the  morning  of  the 
election.  [24  G.  A.,  ch.  33,  §  15.] 

Where  the  auditor  refused  to  furnish  ballots  containing  the  names  of 
persons!  who  it  was  claimed  had  been  properly  put  in  nomination  to  be 
voted  foi  at  a  town  election  and  the  officers  of  the  town  thereupon  caused 
to  be  printed  ballots  containing  such  names  which  ballots  were  distributed 
by  the  officers  of  election  and  used  by  the  voters,  held,  that  these  ballots 
were  not  such  as  were  contemplated  by  law  and  that  the  election  was 
wholly  inval'd,  and  that  this  must  be  the  result  whether  the  law  in  this 
respect  is  to  be  deemed  mandatory  or  only  directory:  State  ex  rel.  v.  Smith, 
63N.  W.,^53.  [Now  see  \  1122-J 

SEC.  1108.  Vacancies  filled.  The  name  supplied  for  a^ 
vacancy  by  the  certificate  of  the  secretary  of  state,  or  by  nom- 
ination certificates  or  papers  for  a  vacancy  filed  with  the  county 
auditor,  or  city  or  town  clerk,  shall,  if  the  ballots  are  not  already 
printed,  be  placed  on  the  ballots  in  place  of  the  name  of  the 
original  nominee,  or,  if  the  ballots  have  been  printed,  new  bal- 
lots, whenever  practicable,  shall  be  furnished.  Whenever  it 
may  not  be  practicable  to  have  new  ballots  printed,  the  election 
officers  having  charge  of  them  shall  place  the  name  supplied 
for  the  vacancy  upon  each  ballot  used  before  delivering  it  to 
the  judges  of  election.  If  said  ballots  have  already  been 
delivered  to  the  judges  of  election,  said  auditor  or  clerk  shall 
immediately  furnish  the  name  of  such  substituted  nominee  to 
all  judges  of  election  within  the  territory  in  which  said  nominee 
may  be  a  candidate,  and  such  election  officer  having  charge  of 
the  ballots  shall  place  the  name  supplied  f  r  the  vacancy  upon 
each  ballot  issued  before  delivering  it  to  the  voter,  by  affixing  a 
paster,  or  by  writing  or  stamping  the  name  thereon.  [Same, 
§§11,12.] 

SEC.  1109.  Method  of  printing.  The  ballot  shall  be  on> 
plain  white  paper,  through  which  the  printing  or  writing  cannot 
be  read.  The  party  name  or  title  shall  be  printed  in  capital 
letters  not  less  than  one-fourth  of  an  inch  in  heighth.  The 
names  of  candidates  shall  be  printed  in  capital  letters  not  less 
than  one -eighth  nor  more  than  one-fourth  of  an  inch  in  height,., 
and,  at  the  beginning  of  each  line  in  which  the  name  of  a  candi- 
date is  printed,  a  square  shall  be  printed,  the  sides  of  which- 
shall  not  be  less  than  one -fourth  of  an  inch  in  length.  On  the 
back  or  outside  of  the  ballot,  so  as  to  appear  when  folded,  shall 


20  ELECTIONS. 

be  printed  the  words  "official  ballot,"  followed  by  the  designa- 
tion of  the  polling  place  for  which  the  ballot  is  prepared,  the  date 
of  the  election,  and  a  facsimile  of  the  signature  of  the  auditor  or 
other  officer  who  has  caused  the  ballot  to  be  printed.  [Same, 
§  14.]  [31  G.  A.,  ch.  44,  §  2.] 

SEC.  1110.  Delivery  of  official  ballots  to  judges.  Bal- 
lots shall  be  printed  and  in  the  possession  of  the  officer  charged 
with  their  distribution  at  least  two  days  before  the  election,  and 
subject  to  the  inspection  of  candidates  and  their  agents.  If  mis- 
takes are  discovered,  they  shall  be  corrected  without  delay,  in. 
the  manner  provided  in  this  chapter.  The  officers  charged  with 
the  printing  of  the  ballots  shall  cause  to  be  delivered  to  the 
judges  of  election  seventy-five  ballots,  of  the  kind  to  be  voted  in 
such  precinct,  for  every  fifty  votes  or  fraction  thereof  cast  there- 
in at  the  last  preceding  election  of  state  officers.  Such  ballots 
shall  be  put  up  in  separate  sealed  packages,  with  marks  on  the 
outside,  clearly  designating  the  polling  place  for  which  they  are 
intended  and  the  number  of  ballots  inclosed,  and  receipt  there- 
for shall  be  given  by  the  judge  or  judges  of  election  to  whom 
they  are  delivered,  which  receipt  shall  be  preserved  by  the 
officer  charged  with  the  printing  of  the  ballots.  Any  officer 
charged  with  the  printing  and  distribution  of  ballots  shall  pro- 
vide and  retain  at  his  office  an  ample  supply  of  ballots,  in  addi- 
tion to  those  distributed  to  the  several  voting  precincts,  and  if 
at  anytime  the  ballots  furnished  to  any  precinct  shall  be  lost, 
destroyed  or  exhausted  before  the  polls  are  closed,  on  written 
application,  signed  by  a  majority  of  the  judges  of  such  precinot, 
or  signed  and  sworn  to  by  one  of  such  judges,  he  shall  immedi- 
ately cause  to  be  delivered  to  such  judges,  at  the  polling  place, 
such  additional  supply  of  ballots  as  may  be  required,  and  suf- 
ficient to  comply  with  the  provisions  of  this  chapter.  For 
general  elections,  the  supply  of  ballots  so  retained  shall  only 
equal  the  number  provided  for  the  precinct  casting  the  largest 
vote  at  the  preceding  general  election,  and  shall  include  only 
the  portions  of  the  various  tickets  to  be  voted  for  throughout 
the  entire  county,  with  blank  spaces  in  which  the  names  of 
candidates  omitted  may  be  written  by  the  voter,  and  with  blank 
spaces  in  the  indorsement  upon  the  back  of  such  ballots,  in 
which  the  name  of  the  precinct  shall  be  written  by  the  judges  of 
•election.  [Same,  §  15  ] 

SEC.  1111.     Card  of  instructions.     The  officer  whose  duty 
it  is  to    have  the  ballots  printed  shall  cause  to  be  copied  upon 
cards  in  large,  clear  type,  under  the  heading  "Card  of  Instruc- 
tions," the  following  matters  for  the  guidance  of  the  voters: 
1.     The  manner  of  obtaining  ballots; 
2      The  manner  of  marking  ballots; 

3.  That  unmarked  or  improperly  marked  ballots  will  not  be 
counted; 

4.  The  method  of  gaining  assistance  in  marking  ballots; 

5.  That  any  erasures  or  identification  marks,  or  otherwise 
spoiling  or  defacing  a  ballot,  will  render  it  invalid; 


ELECTIONS.  21 

6.  Not  to  vote  a  spoiled  or  defaced  ballot; 

7.  How  to  obtain  a  new  ballot  in  place  of  a  spoiled  or  defaced 
one; 

8.  Upon  the  right  of  an  employe  to  absent  himself  for  two 
hours  for  the  purpose  of  voting,  by  application  for  leave  so  to  do 
made  before  the  day  of  election,  without  deduction  from  his  sal- 
ary or  wages; 

9.  Any  other  matters  thought  necessary. 

Such  instructions  shall  be  prepared  by  the  attorney-general 
and  delivered  to  the  secretary  of  state,  who  shall  cause  copies  of 
the  same  to  be  furnished  to  the  county  auditor  of  each  county. 
New  or  amended  instructions  may  be  so  prepared  from  time  to 
time,  if  thought  necessary,  and  copies  thereof  furnished  to  the 
county  anditors,  who  shall  furnish  to  the  judges  of  election  a 
sufficient  number  of  such  cards  of  instruction  as  will  enable  them 
to  comply  with  the  provisions  of  this  chapter.  [Same,  §  17.] 

SEC.  1113.  Cards  posted— publication  of  ballot.  The 
judges  of  election  shall  cause  at  least  one  of  each  of  such  cards 
to  be  posted  in  each  voting  booth  or  apartment  provided  for  the 
preparation  of  ballots,  and  not  less  than  four,  with  an  equal 
number  of  sample  ballots,  in  and  about  the  polling  place,  upon 
the  day  of  election  before  the  opening  of  the  polls.  The  county 
auditor  shall  cause  to  be  published,  prior  to  the  day  of  election, 
in  two  newspapers,  if  there  be  so  many  published  in  such  county, 
selecting,  if  possible,  papers  representing  the  political  parties 
which  cast  at  the  preceding  general  election  the  largest  number 
and  the  next  largest  number  of  votes,  a  list  of  all  the  nomina- 
tions made,  as  herein  provided,  and  to  be  voted  for  at  such 
election,  as  near  as  may  be  in  the  form  in  which  they  shall 
appear  upon  the  general  ballot,  but  such  publication  shall  not 
include  portions  of  the  ballot  relating  to  township,  city  or  town 
officers.  [Same,  §  18  ] 

SEC.  1113.  Polling  places — voting  booths.  In  townshisp 
the  trustees,  and  in  cities  and  towns  the  mayor  and  clerk,  shall 
provide  suitable  places  in  which  to  hold  all  elections  provided 
for  in  this  chapter,  and  see  that  the  same  are  warmed,  lighted, 
and  furnished  with  proper  supplies  and  conveniences,  including 
a  sufficient  number  or  supply  of  booths,  shelves,  pens,  penholders, 
ink,  blotters  and  pencils  to  enable  the  voter  to  prepare  his  ballot 
for  voting,  screened  from  all  observation  as  to  the  manner  in 
which  he  does  so.  A  guard  rail  shall  be  so  constructed  and 
placed  that  only  such  persons  as  are  inside  such  rail  can 
approach  within  six  feet  of  the  ballot  box,  or  of  the  booths.  The 
voting  booths  shall  be  so  arranged  that  they  can  only  be  reached 
by  passing  within  said  guard  rail,  and  so  that  they  shall  be  in 
plain  view  of  the  election  officers  and  both  booths  and  ballot 
boxes  shall  be  in  plain  view  of  persons  outside  of  the  guard 
rail.  Each  booth  shall  be  at  least  three  feet  square,  and  have 
three  sides  inclosed,  the  side  in  front  to  open  and  shut  by  a  door 
swinging  outward,  or  closed  with  a  curtain.  Each  side  of  the 


22  ELECTIONS. 

booth  shall  be  seven  feet  high,  and  the  door  or  curtain  shall 
extend  to  within  two  feet  of  the  floor,  and  shall  be  closed  while 
the  voter  is  preparing  his  ballot.  Each  booth  shall  contain  a 
shelf  at  least  one  foot  wide,  at  a  convenient  height  for  writing, 
and  shall  be  well  lighted.  The  booths  and  compartments  shall 
be  so  built  and  arranged,  if  possible,  as  to  be  permanent,  so  that 
after  the  election  they  may  be  taken  down  and  deposited  with 
the  township,  city  or  town  clerk,  as  the  case  may  be,  for  safe 
keeping  and  for  future  use.  The  number  of  voting  booths  shall 
not  be  less  than  one  to  every  sixty  voters  or  fraction  thereof 
who  voted  at  the  last  preceding  election  in  the  precinct.  In 
precincts  outside  of  cities  and  towns  the  election  shall,  if  practi- 
cable, be  held  in  the  public  school  building,  for  the  use  of  which 
there  shall  be  no  charge,  but  all  damage  to  the  building  or 
furniture  shall  be  paid  by  the  county.  [Same,  §  20.] 

SEC.  1114.  Ballot  furnished  'to  voter.  The  judges  of 
election  of  their  respective  precincts  shall  have  charge  of  the 
ballots  and  furnish  them  to  the  voters.  Any  person  desiring  to 
vote  shall  give  his  name,  and,  if  required,  his  residence,  to  such 
judges,  one  of  whom  shall  thereupon  announce  the  same  in  a 
loud  and  distinct  tone  of  voice,  clear  and  audible.  In  precincts 
where  registration  is  required,  if  such  name  is  found  on  the  reg- 
ister of  voters  by  the  officer  having  charge  thereof,  he  shall 
likewise  repeat  such  name  in  the  same  manner;  if  the  name  of 
the  person  desiring  to  vote  is  not  found  on  the  register  of  voters, 
his  ballot  shall  not  be  received  until  he  shall  have  complied  with 
the  law  prescribing  the  manner  and  conditions  of  voting  by 
unregistered  voters.  [Same,  §  19.] 

SEC.  1115.  Challenges.  Any  person  offering  to  vote 
may  be  challenged  as  unqualified  by  any  judge  or  elector;  and 
it  is  the  duty  of  each  of  the  judges  to  challenge  any  person 
offering  to  vote  whom  he  knows  or  suspects  not  to  be  duly 
qualified;  and  he  shall  not  receive  a  ballot  from  a  voter  who  is 
challenged,  until  such  voter  shall  have  established  his  right  to 
vote.  When  any  person  is  so  challenged,  the  judges  shall 
explain  to  him  the  qualifications  of  an  elector,  and  may  examine 
him  under  oath  touching  his  qualifications  as  a  voter.  In  all 
precincts  where  registration  is  not  required,  and  in  other 
precincts  where  the  name  of  such  voter  is  entered  upon  the 
registration  lists,  if  the  person  challenged  insists  that  he  is 
qualified,  and  the  challenge  is  not  withdrawn,  one  of  the  judges 
shall  tender  to  him  the  following  oath:  uYou  do  solemnly 
swear  that  you  are  a  citizen  of  the  United  States,  that  you  are 
a  resident  in  good  faith  of  this  precinct,  that  you  are  twenty- 
one  years  of  age  as  you  verily  believe,  that  you  have  been  a 
resident  of  this  county  sixty  days,  and  of  this  state  six  months 
next  preceding  this  election,  and  that  you  have  not  voted  at 
this  election,"  and  if  he  takes  such  oath,  his  vote  shall  be 
received.  [Same,  §  21;  C.  '73,  §§  619,  620;  R.,  §§  493-4;  C. 
'51,  §§  25^-9.] 


ELECTIONS.  23 

SEC,  1 1 16.  Method  of  voting.  Any  voter  entitled  to  receive 
a  ballot  under  the  provisions  of  this  chapter  shall  be  allowed  to 
enter  the  space  enclosed  by  the  guard  rail.  One  of  the  judges 
shall  give  him  one,  and  only  one,  ballot,  on  the  back  of  which 
such  judge  shall  indorse  his  initials,  in  such  manner  that  they 
may  be  seen  when  the  ballot  is  properly  folded,  and  the  voter's 
name  shall  immediately  be  checked  on  the  registry  list.  The 
name  of  each  person,  when  a  ballot  is  delivered  to  him,  shall 
be  entered  by  each  of  the  clerks  of  election  in  the  poll- book 
kept  by  him,  in  the  place  provided  therefor.  [24  G.  A.v  ch.  33, 
§  21;  C.  '73,  §  621;  R.,  §  495;  C.  '51,  §  260.] 

SEC  1117.  Depositing  ballot.  On  receipt  of  the  ballot, 
the  voter  shall,  without  leaving  the  enclosed  space,  retire  alone 
to  one  of  the  voting  booths,  and  without  delay  mark  his  ballot, 
and,  before  leaving  the  voting  booth,  shall  fold  the  same  in 
such  manner  as  to  conceal  the  marks  thereon,  and  deliver  the 
same  to  one  of  the  judges  of  election,  but  the  number  of  the 
voter  on  the  poll-books  or  registry  lists  shall  not  be  indorsed  on 
the  back  of  his  ballot.  One  of  the  judges  of  election  shall 
thereupon,  in  the  presence  of  the  voter,  deposit  such  ballot  in 
the  ballot  box,  but  no  ballot  without  the  official  indorsement 
shall  be  allowed  to  be  deposited  therein.  The  voter  shall  quit 
said  inclosed  space  as  soon  as  he  has  voted.  Any  voter  who, 
after  receiving  an  official  ballot,  decides  not  to  vote, shall,  before 
retiring  from  within  the  guard  rail,  surrender  to  the  election 
officers  the  official  ballot  which  has  been  given  him,  and  such 
fact  shall  be  noted  on  each  of  the  poll  lists.  A  refusal  to  sur- 
render such  ballot  shall  subject  the  person  so  offending  to 
immediate  arrest  and  the  penalties  provided  in  this  chapter. 
No  voter  shall  vote  or  offer  to  vote  any  ballot  except  such  as  he 
has  received  from  the  judges  of  election  in  charge  of  the  ballots. 
No  person  shall  take  or  remove  any  ballot  from  the  polling 
place  before  the  close  of  the  poll.  No  voter  shall  be  allowed  to 
occupy  a  voting  booth  already  occupied  by  another,  nor  remain 
within  said  inclosed  space  more  than  ten  minutes,  nor  to  occupy 
a  voting  booth  more  than  five  minutes,  in  case  all  of  said  voting 
booths  are  in  use  and  other  voters  waiting  to  occupy  the  same, 
nor  to  again  enter  the  inclosed  space  after  having  voted;  nor 
shall  more  than  two  voters  in  excess  of  the  whole  number  of 
voting  booths  provided  be  allowed  at  any  one  time  in  such 
inclosed  space,  except  by  the  authority  of  the  election  officers 
to  keep  order  and  enforce  the  law.  [24  G.  A. ,  ch.  33,  §§  20-2, 
25;  C.  '73,  §  617;  R.,  §  492;  G.  '51,  §  257.] 

A  ballot  not  bearing  endorsement  of  the  judge  should  not  be   counted: 
Kelso  v.    Wright,    110-560. 

SEC.  1118.  Assistance  to  vote.  Any  voter  who  may 
declare  upon  oath  that  he  cannot  read  the  English  language,  or 
that,  by  reason  of  any  physical  disability,  he  is  unable  to  mark 
his  ballot,  shall,  upon  request,  be  assisted  in  marking  the  same 
by  two  of  the  election  officers  of  different  political  parties,  to  be 


24  ELECTIONS. 

selected  from  the  judges  and  clerks  of  the  precinct  in  which 
they  are  to  act,  to  be  designated  by  the  judges  of  election  of 
each  precinct  at  the  opening  of  the  polls.  Such  officers  shall 
mark  the  ballot  as  directed  by  the  voter,  and  shall  thereafter 
give  no  information  regarding  the  same  The  clerks  of  election 
shall  enter  upon  the  poll  lists,  after  the  name  of  any  elector  who 
received  such  assistance  in  marking  his  ballot,  a  memorandum 
of  the  fact.  Intoxication  shall  not  be  regarded  as  a  physical 
disability,  and  no  intoxicated  person  shall  be  entitled  to  assist- 
ance in  marking  his  ballot.  [24  G.  A.,  ch.  33,  §  23.] 

SEC.  1119.  Marking  the  ballot.  Upon  retiring  to  the 
voting  booth,  the  voter  shall  prepare  his  ballot  by  placing  a 
cross  in  the  square  opposite  the  name  of  each  candidate  for 
whom  he  desires  to  vote.  The  voter  may  also  insert  in  writing, 
in  the  proper  place,  the  name  of  any  person  for  whom  he  desires 
to  vote,  making  across  opposite  thereto.  The  writing  of  such 
name  without  making  a  cross  opposite  thereto,  or  the  making  a 
cross  opposite  such  blank  without  writing  a  name  therein,  shall 
not  affect  the  validity  of  his  vote.  [24  G.  A.,  ch.  33,  §22.] 
[28  G.  A.,  ch.  36,  §  1.]  [31  G-  A.,  ch.  44,  §3.] 

The  ballot  is  not  to  be  counted  in  favor  of  one  whose  name  is  written 
thereon  unless  the  written  name  is  preceded  by  a  cross  i^  the  circle  before 
it.  This  was  a  case  where  no  ticket  was  designated  by  a  cross  in  the  circle. 
State  v.  Hagen,§\-S\Q. 

Under  prior  provisions,  held,  that  where  a  ticket  was  selected  by  a  cross 
in  the  circle  at  the  head  of  it  the  voter  was  not  authorized  to  designate 
individual  candidates  on  that  ticket  by  crosses  in  the  squares  where  two  or 
more  candidates  were  to  be  elected  to  the  same  office  and  that  it  was  not 
practicable  in  such  case  to  vote  for  on«  candidate  for  such  <  ffice  on  another 
ticket,  and  have  the  vote  counted  for  another  candidate  for  that  office  on 
the  ticket  marked  with  a  cross  in  the  circle  The  difficulty  in  such  case 
was  that  it  was  impossible  to  determine  who  were  the  opposing  candidates 
on  the  two  tickets,  and  the  ballot  could  be  counted  only  in  favor  of  the 
candidate  on  the  opposing  ticket  whose  name  was  ind'cated  by  a  cross: 
Ibid:  Whtttam  v  Zahorik,  91-23.  [But  there  is  now  no  pr<  vision  for  vot- 
ing for  a  candidate  on  another  ticket  when  one  ticket  is  marked  with  a  cross 
in  the  circle.] 

It  is  only  by  the  form  of  marking  designated  by  the  statute  'hat  the 
intention  of  the  voter  can  be  ascertained  and  under  these  statutory  provisions 
the  general  rule  that  the  ballot  w  11  be  counted  in  Accordance  wi'h  the 
apparent  intention  of  the  voter  is  not  aprlicable:  Whitt&m  v.  Zahorik, 
91-23 

As  to  the  effect  to  be  given  to  the  discoverable  intention  of  the  voter 
under  prior  statutes,  see  Wtmmer  v .  Eaton,  72-374;  Brown  v.  McCollum, 
76479. 

The  law  does  not  recognize  the  writing  of  the  name  of  a  candidate  on  the 
ballot,  except  bv  inserting  it  in  the  ballot  in  the  proper  place  with  a  cross 
in  the  square  opposite  the  name  as  written.  Voorhees  v  Arnold  108-77. 

SEC.  1120.  How  counted.  Ballots  marked  as  provided 
in  the  preceding  section  shall  be  counted  for  the  candidates 
designated  by  the  marks  in  the  squares.  When  only  one  can- 
didate for  any  office  is  to  be  elected,  if  the  voter  marks  in 
squares  opposite  the  names  of  more  than  one  candidate  there- 
for, such  vote  shall  not  be  counted  for  such  office.  When  two 
or  more  officers  of  the  same  kind  are  to  be  elected,  if  more 


ELECTIONS.  25 

squares  opposite  the  names  of  candidates  for  such  office  are 
marked  than  there  are  officers  to  be  elected  to  such  office,  the 
ballot  shall  not  be  counted  for  any  such  candidates,  'f  for  any 
reason  it  is  impossible  to  determine  the  voter's  choice  for  any 
office  to  be  filled,  his  ballot  shall  nut  be  counted  for  such  office. 
Any  ballot  marked  by  the  voter  in  any  other  manner  than  as 
authorized  in  this  chapter,  and  so  that  such  mark  may  be  used 
for  the  purpose  of  identifying  such  ballot,  shall  be  rejected. 
[24  G.  A.,  ch.  33,  §§22,  27.]  [31  G.  A.,  ch.  44,  §  4.] 

Under  provisions  not  now  preserved  as  to  the  effect  of  identification 
marks,  see  Whittam  v.  Zahorik,  91-23;  Cook  v.  Fisher,  69  N.  W.,  264. 

The  law  by  implication  prohibits  any  person,  including  the  voter,  from 
so  marking  the  ballot  that  the  mark  may  be  used  for  the  purpose  of  identi- 
fication, and  a  ballot  so  marked  should  be  rejected.  The  unauthorized 
marks,  to  be  objectionable  as  identification  marks,  must  be  deliberately 
made.,  and  not  merely  accidently,  or  as  the  result  of  inexperience.  Whether 
the  marks  in  particular  cases  are  identification  marks  is  for  the  jury.  The 
question  is  whether  there  has  been  a  deliberate  departure  in  the  marking, 
and  in  a  way  that  might  enable  the  marks  to  be  used  to  identify  the  ballot. 
Voorhees  v.  Arnold,  108-77. 

What  constitutes  an  identifying  mark  upon  a  ballot  is  generally  a  ques- 
tion of  fact  for  the  trial  court,  and  its  finding,  or  the  finding  of  a  jury,  if 
the  case  is  submitted  to  a  jury,  is  conclusive  upon  appeal.  The  unneces- 
sary marking  of  a  cross  in  the  square  below  the  marked  circle  does  not 
affect  the  validity  of  the  ballot.  Kelso  v.  Wright,  110-560. 

The  amendment  of  this  section,  made  by  28,  G.  A.,  ch.  36,  held  not 
applicable  in  a  case  tued  and  appealed  before  the  amendment  went  into 
effect.  Morrison  v  Peppcrmann,  112-471. 

Where  a  ballot  had  crosses  in  squares  opposite  all  the  names  on  the 
republican  ticket,  except  that  of  the  candidate  for  township  trustee,  and  as 
to  that  office  had  a  cross  on  another  ticket  in  front  of  a  blank  space,  held 
that  it  was  properly  rejected.  Ibid. 

This  section  makes  the  cross  in  the  circle  effective  as  a  vote  for  all  names 
printed  upon  the  ticket  below  it,  and  if  as  in  front  of  the  name  of  the  can- 
didate to  any  office  there  is  a  blank  in  such  ticket,  then  a  cross  on  another 
ticket  for  such  office  will  authorize  the  counting  of  the  ballot  for  the  candi- 
date thus  designated.  Spurrier  v  McLennan,  88,  N.  W.,  1062. 

Whether  unnecessary  crosses  in  places  where  no  provision  for  marking 
with  a  cross  is  made,  as  for  instance  in  front  of  the  names  of  the  candidates 
for  president  and  vice-president,  constitute  indentifying  marks  such  as  to 
vitiate  the  ballot  is  a  question  of  fact  for  the  trial  court.  Ibid. 

Where  there  is  a  cross  in  the  circle  marked  at  the  head  of  one  ticket,  the 
marking  of  a  cress  in  the  square  before  the  name  on  another  ticket  has  no 
effect  other  than -to  nullify  the  vote  for  the  officer  thus  doubly  voted  for. 
This  rule  is  in  nowise  altered  by  the  marking  of  the  squares  below  the 
marked  circle.  Ibid. 

SEC.  1121.  Voting  mark — spoiled  ballots.  The  voting 
mark  shall  be  a  cross  in  the  square,  opposite  to  the  name  of  the 
candidate  for  whom  the  voter  desires  to  vote.  Any  voter  who 
shall  spoil  his  ballot  may,  on  returning  the  same  to  the  judges, 
receive  another  in  place  thereof,  but  no  voter  shall  receive  more 
than  three  ballots,  including  the  one  first  delivered  to  him. 
None  but  ballots  provided  in  accordance  with  the  provisions  of 
this  chapter  shall  be  counted.  [Same,  §  §  22,  25.]  [31  G.  A., 
ch.  44,  §5.] 


26  ELECTIONS. 

SEC.  1 122.  Defects  in  printed  ballot.  No  ballot  properly 
marked  by  the  voter  shall  be  rejected  because  of  any  discrep- 
ancy between  the  printed  ballot  and  the  nomination  paper  or  cer- 
tificate of  nomination,  and  it  shall  be  counted  for  the  candidate 
or  candidates  for  such  offices  named  in  the  nomination  paper  or 
certificate  of  nomination.  No  ballot  furnished  by  the  proper 
officer  shall  be  rejected  for  any  error  in  stamping  or  writing  the 
indorsements  thereon  by  the  officials  charged  with  such  duties, 
nor  because  of  any  error  on  the  part  of  the  officer  charged  with 
such  duty  in  delivering  the  wrong  ballots  at  any  precinct  or 
polling  place,  but  any  ballot  delivered  by  the  proper  official  to 
any  voter  shall,  if  properly  marked  by  the  voter,  be  counted  as 
cast  for  all  candidates  for  whom  the  voter  had  the  right  to  vote, 
and  for  whom  he  has  voted. 

The  act  of  the  judges  in  correcting  the  name  of  the  candidate  on  the 
official  ballots  properly  furnished  to  them,  held  not  to  render  the  ballots 
void.  Cook  v  Fishzr,  69  N.  W.,  264. 

The  ballot  law  is  mandatory  in  the  sense  that  it  requires  in  the  prepara- 
tion of  the  official  ballot  strict  compliance  with  all  its  provisions,  but  not  in 
the  sense  that  the  voter's  right  to  exercise  the  elective  franchise  will  be  lost 
because  of  some  technical  mistake  in  printing  the  names  of  candidates 
'  upon  the  ballot:  Ibid. 

While  none  but  official  ballots  are  to  be  used  or  counted,  there  is  no 
affirmative  declaration  that  the  correction  of  official  ballots  will  render  them 
void:  Ibid. 

The  election  law  was  enacted  to  aid  the  elector  in  expressing  his  free 
choice  and  not  by  technical  obstructions  to  make  the  right  of  voting  diffi- 
cult aad  insecure.  When  the  elector  receives  a  ballot  from  the  proper 
officials  he  may  rely  upon  it  as  genuine  and,  when  properly  marked  by  him, 
have  it  counted  for  all  candidates  for  whom  he  had  the  right  to  vote  and  did 
vote.  There  is  a  distinction  between  errors  of  officers  which  would  have 
the  eff act  to  deprive  voters  of  the  franchise  and  a  disregard  of  the  law  by 
the  electors  themselves.  State  v.  Bernholtz,  106-157. 

SEC.  1123.  Employes.  Any  person  entitled  to  vote*1  at  a 
general  election  shall,  on  the  day  of  such  election,  be  entitled  to 
absent  himself  from  any  services  in  which  he  is  then  employed 
for  a  period  of  two  hours,  between  the  time  of  opening  and 
closing  the  polls,  which  period  may  be  designated  by  the 
employer,  and  such  voter  shall  not  be  liable  to  any  penalty,  nor 
shall  any  deduction  be  made  from  his  usual  salary  or  wages,  on 
account  of  such  absence,  but  application  for  such  absence  shall 
be  made  prior  to  the  day  of  election.  Any  employer  who  shall 
refuse  to  an  employe  the  privilege,  conferred  by  this  section,  or 
shall  subject  such  employe  to  a  penalty  or  reduction  of  wages 
because  of  the  exercise  of  such  privilege,  or  shall  in  any  manner 
attempt  to  influence  or  control  such  employe  as  to  how  he  shall 
vote,  by  offering  any  reward,  or  threatening  discharge  from 
employment,  or  otherwise  intimidating  or  attempting  to  intimid- 
ate such  employe  from  exercising  his  right  to  vote,  shall  be 
punished  by  a  fine  of  not  less  than  five  nor  more  than  one  hun- 
dred dollars.  [24  G.  A.,  ch.  33,  §  24.] 

SEC.  1124.  Persons  at  polling  place.  No  persons  shall, 
during  the  receiving  and  counting  of  the  ballots  at  any  polling 
place,  loiter,  or  congregate,  or  do  any  electioneering  or  soliciting 


ELECTIONS.  27 

of  votes,  within  one  hundred  feet  of  any  outside  door  of  any 
building  affording  access  to  any  room  where  the  polls  are  held, 
or  of  any  outside  door  of  any  building  affording  access  to  any 
hallway,  corridor,  or  stairway,  or  other  means  of  reaching  such 
room,  nor  shall  any  person  interrupt,  hinder  or  oppose  any 
voter  while  approaching  or  leaving  the  polling  place  for  the 
purpose  of  voting;  but  any  person  who  is  by  law  authorized  to 
perform  or  is  charged  with  the  performance  of  official  duties  at 
the  election,  and  any  number  of  persons,  not  exceeding  three 
from  each  political  party  having  candidates  to  be  voted  for  at 
such  election,  to  act  as  challenging  committees,  who  are 
appointed  and  accredited  by  the  executive  or  central  committee 
of  such  political  party  or  organization,  respectively,  or  of  persons 
not  exceeding  three  from  each  of  such  political  parties, 
appointed  and  accredited  in  the  same  manner  as  above 
prescribed  for  challenging  committees,  to  witness  the  counting 
of  ballots,  may  be  present  at  the  polling  place.  [Same,  §  26; 
22  G.  A.,  ch.  48,  §  9;  21  G.  A.,  ch.  161,  §  13.] 

SEC.  1125.  Special  policemen.  The  city  council  shall 
detail  and  employ,  on  the  nomination  of  the  principal  committee 
of  each  political  party  recognized  as  the  two  leading  parties, 
from  citizens,  or  the  police  force  of  the  city,  from  two  to  four 
special  policemen  for  each  precinct,  and  fully  empower  them  for 
the  special  occasion  of  each  election,  who  shall  be  men  of  good 
character  and  reputation,  in  equal  numbers  from  each  of  the 
leading  political  parties,  to  prevent  the  violation  of  any  of  the 
terms,  provisions  or  requirements  of  this  chapter,  or  of  any 
other  command  made  in  pursuance  of  any  provisions  hereof, 
and  no  other  peace  officer  than  those  above  named  shall  exercise 
his  authority  for  preserving  order  at  or  within  one  hundred  feet 
of  such  voting  places,  unless  called  in  by  an  emergency.  If  no 
policeman  be  in  attendance,  the  judges  of  election  may  appoint 
one  or  more  specially,  by  writing,  who  shall  have  all  the  powers 
of  such  special  policeman.  [22  G.  A.,  ch.  48,  §  9;  21  G.  A.,  ch., 
161,  §  13.] 

SEC.  1126.  Constables.  Except  in  voting  precincts  within 
any  city,  any  constable  of  the  township,  who  may  be  designated 
by  the  judges  of  election,  shall  attend  at  the  place  of  election; 
if  none  attend,  the  judges  of  the  election  may,  in  writing, 
specially  appoint  one  or  more,  who  shall  have  all  the  powers 
of  a  regular  constable.  [C.  '73.  §  612;  R.,  §  487;  C.  '51,  §  252.] 

SEC  1127.  Preserving  order.  All  special  policemen  and 
constables  are  authorized  and  required  to  preserve  order  and 
peace  at  all  places  of  election,  and  such  special  policemen, 
constables,  and  all  other  persons  are  authorized  and  required 
to  obey  the  lawful  orders  and  commands  of  said  judges  of 
election  given  to  prevent  violations  of  this  chapter.  [22  G. 
A.,  ch.  48,  §  9;  21  G.  A.,  ch.  161,  §  13;  C.  '73,  §  612;  R,  § 
487;  C.  '51,  §  252.] 

SEC.  1 128.  Arrest  of  disorderly  persons.  If  any  person 
conducts  himself  in  a  noisy,  riotous,  tumultuous  or  disorderly 


^0  ELECTIONS. 

manner  at  or  about  the  polls,  so  as  to  disturb  the  election,  or 
insults  or  abuses  the  judges  or  clerks  of  election,  or  commits  a 
breach  of  the  peace,  or  violates  any  of  the  provisions  of  this  chap- 
ter, the  judges  or  clerks  of  the  election,  or  any  of  them,  shall  order 
the  arrest  of  any  such  person,  and  the  constable  or  any  special 
policeman  may  forthwith  arrest  him  and  bring  him  before  the 
judges  of  election,  and  they,  by  a  warrant  under  their  hands, 
may  commit  him  to  the  jail  of  the  county  for  a  term  not  exceed- 
ing twenty-four  hours,  but  they  shall  permit  him  to  vote.  [22 
G.  A.,  ch.  48,  §  9;  21  G.  A,,  ch.  161,  §  13;  C.  '73,  §  613;  R.,  § 
488;  C.  '51,  §  253.] 

SEC.  1129.  Expenses.  The  special  policemen  appointed 
under  the  provisions  of  this  chapter  shall  be  entitled  to  receive 
two  dollars  ($2)  a  day  as  compensation  for  their  services,  which 
with  the  expense  of  providing  booths,  guard  rails,  and  other 
things  required  in  this  chapter  shall  be  paid  in  the  same  man- 
ner as  other  election  expenses.  The  printing  and  distributing 
of  ballots  and  cards  of  instruction  to  the  voters,  described  in  this 
chapter,  for  any  general  election,  shall  be  at  the  expense  of  the 
county,  and  shall  be  provided  for  in  the  same  manner  as  other 
county  election  expenses.  The  printing  and  distribution  of  bal- 
lots for  use  in  city  elections  shall  be  at  the  expense  of  the  city 
or  town  in  which  the  election  shall  be  held.  [24  G.  A.,  ch.  33, 
§§  2,  20.]  [30  G.  A.,  ch.  39,  §  1.] 

SEC.  1 130.  Ballot  boxes.  The  board  of  supervisors  shall 
provide  for  each  precinct  in  the  county,  for  the  purpose  of  elec- 
tions, one  box,  with  lock  and  key.  When  any  township  precinct 
includes  a  town  or  a  part  thereof,  together  with  territory  out- 
side the  limits  of  such  town,  the  township  trustees  shall  prepare 
a  separate  ballot  box  to  receive  the  votes  for  township  assessor, 
which  shall  be  on  separate  ballots,  and  only  the  ballots  of  per- 
sons living  outside  of  the  limits  of  such  town  shall  be  placed  in 
said  ballot  box.  The  judges  of  election  shall  place  each  ballot  in 
its  proper  ballot  box.  The  judges  of  election  shall  have  the  right 
to  administer  an  oath  to  any  voter,  and  to  examine  him  under 
oath  as  to  the  assessor  for  whom  such  elector  is  entitled  to  vote. 
[17  G.  A.,  ch  71,  §§  2,  3;  C.  '73,  §  614;  R.,  §  489;  C.  '51,  §  254; 
29  G.  A.,  ch.  53,  §  2.] 

SEC.  1131.  Voting  by  'women.  At  all  elections  where 
women  may  vote,  no  registration  of  women  shall  be  required; 
separate  ballots  shall  be  furnished  for  the  question  on  which 
they  are  entitled  to  vote;  a  separate  ballot  box  shall  be  provided 
in  which  all  ballots  cast  by  them  shall  be  deposited,  and  a  separ- 
ate canvass  thereof  made  by  the  judges  of  the  election,  and  the 
returns  thereof  shall  show  such  vote.  The  right  of  any  citizen 
to  vote  at  any  city,  town  or  school  election,  on  the  question  of 
issuing  any  bonds  for  municipal  or  school  purposes,  and  for  the 
purpose  of  borrowing  money,  or  on  the  question  of  increasing 
the  tax  levy,  shall  not  be  denied  or  abridged  on  account  of  sex. 
[25  G.  A.,  ch.  39.] 


ELECTIONS.  29 

SEC.  1 1 32.  Registry  and  poll  books.  The  county  auditor 
shall  prepare  and  furnish  to  each  precinct  two  poll-books,  hav- 
ing each  of  them  a  sufficient  column  for  the  names  of  the  voters, 
a  column  for  the- number,  and  sufficient  printed  blank  leaves  to 
contain  the  entries  of  the  oaths,  certificates  and  returns;  and 
also  all  books,  blanks  and  materials  necessary  to  carry  out  the 
provisions  of  the  chapter  on  registration  of  voters.  [C.  '73,  § 
615;  R.,  §  490;  C. '51,  §255.] 

It  is  not  required  that  the  poll  lists  show  in  what  tQwn^n  the  county  the 
voter  resides.  Porter  v.  Butterfield,  89  W.  199 

SEC.  1133.  Penalty.  Any  person  violating  br  attempting 
to  violate  any  provisions  or  requirements  of  this  chapter,  or 
failing  or  refusing  to  comply  with  any  order  or  command  of  an 
election  officer,  made  in  pursuance  of  the  provisions  of  this 
chapter,  shall  be  punished  by  a  fine  of  not  less  than  fifty,  nor 
more  than  two  hundred  dollars,  or  by  imprisonment  of  not 
less  than  twenty  days,  nor  more  than  six  months,  in  the  county 
jail.  [22  G.  A.,  ch  48,  §  9;  21  G.  A.,  ch.  161,  §  13.] 

SEC.  1134.  Interference  with  voters.  No  person  shall  on 
election  day  do  any  electioneering  or  solicit  votes  within  any 
polling  place,  or  within  one  hundred  feet  therefrom,  as  defined 
in  this  chapter,  or  interrupt,  hinder  or  oppose  any  voter  while 
approaching  the  polling  place  for  the  purpose  of  voting;  nor 
shall  any  voter,  except  as  provided  by  law,  allow  his  ballot  to  be 
seen  by  any  person,  or  make  a  false  statement  as  to  his  inabil- 
ity to  rmrk  his  ballot;  nor  shall  any  person  interfere  or  attempt 
to  interfere  with  any  voter  when  inside  the  inclosed  space,  or 
when  marking  his  ballot,  or  endeavor  to  enduce  any  voter, 
before  voting,  to  show  how  he  marks  or  has  marked  his  ballot; 
nor  shall  any  person  mark,  or  cause  in  any  manner  to  be  marked, 
'  on  any  ballot  any  character  for  the  purpose  of  identifying  such 
ballot.  Any  violation  of  the  provisions  of  this  section  shall  be 
punished  by  a  fine  of  not  less  than  five  nor  more  than  one 
hundred  dollars,  or  by  imprisonment  for  not  less  than  ten  days 
nor  more  than  thirty  days  in  the  county  jail,  or  by  both  fine  and 
imprisonment.  [24  G.  A.,  ch.  33,  §§  26,  27.] 

SEC.  1135.  Defacing  posted  lists  or  cards.  Any  person 
who  shall,  prior  to  any  election,  wilfully  destroy  or  deface  any 
list  of  candidates  posted  in  accordance  with  the  provisions  of 
this  chapter,  or  who,  during  an  election,  shall  wilfully  deface, 
tear  down,  remove  or  destroy  any  (Sard  of  instruction  or  specimen 
ballot  printed  and  posted  for  the  instruction  of  voters,  or  who 
shall,  during  an  election,  wilfully  remove  or  destroy  any  of  the 
supplies  or  conveniences  furnished  to  enable  voters  to  prepare 
their  ballots,  or  shall  wilfully  hinder  the  voting  of  others,  shall 
be  punished  by  a  fine  of  not  less  than  ten  nor  more  than  one 
hundred  dollars,  or  imprisonment  for  not  less  than  ten  nor  more 
than  thirty  days,  or  by  both  fine  and  imprisonment.  [  Same,  §  28.  ] 

SEC.  11  36.  Forgery  of  papers  or  ballots.  Any  person  who 
shall  falsely  make,  or  wilfully  destroy,  any  certificate  of  nomina- 
tion or  nomination  papers,  or  any  part  thereof,  or  any  letter  of 


30  ELECTIONS — VOTING   MACHINES. 

withdrawal,  or  file  any  certificate  of  nomination,  or  nomination, 
papers,  knowing  the  same  or  any  part  thereof  to  be  falsely 
made,  or  suppress  any  certificate  of  nomination,  or  nomination 
papers,  or  any  part  thereof,  which  have  been  duly  filed,  or  forge 
or  falsely  make  the  official  indorsement  on  any  ballot,  or  substi- 
tute therefor  any  spurious  or  counterfeit  ballot,  or  make,  use, 
circulate,  or  cause  to  be  made  or  circulated  as  an  official  ballot, 
any  paper  printed  in  imitation  or  resemblance  thereof,  or  wil- 
fully destroy  or^  deface  any  ballot,  or  wilfully  delay  the  delivery 
of  any  ballots,  shall  be  punished  by  a  fine  of  not  less  than  one 
hundred  nor  more  than  one  thousand  dollars,  or  by  imprison- 
ment in  the  penitentiary  not  less  than  one  nor  nure  than  five 
years,  or  by  both  fine  and  imprisonment.  [Same,  §  29.] 

SEC.  1137.  Official  neglect  or  misconduct.  Any  public 
officer  upon  whom  a  duty  is  imposed  by  this  chapter,  who  shall 
wilfuly  neglect  to  perform  such  duty,  or  who  shall  wilfully 
perform  it  in  such  a  way  as  to  hinder  the  object  thereof,  or  shall 
disclose  to  any  one,  except  as  may  be  ordered  by  any  court  of 
justice,  the  contents  of  any  ballot,  as  to  the  manner  in  which  the 
same  may  have  been  voted,  shall  be  punished  by  a  fine  of  not 
less  than  five  nor  more  than  one  thousand  dollars,  or  by  impris- 
onment in  the  penitentiary  for  not  less  than  one  nor  more  than 
five  years,  or  by  both  fine  and  imprisonment.  [Same,  §  30.] 


CHAPTER  3-A. 

OF  ELECTIONS— VOTING  MACHINES. 

SECTION  1 1  37 -a.     Use  of  voting  machines  authorized.. 

That  at  all  state,  county,  city,  town,  and  township  elections, 
hereafter  held  in  the  state  of  Iowa,  ballots  or  votes  may  be  cast, 
registered,  recorded,  and  counted  by  means  of  voting  machines, 
as  hereinafter  provided.  [28  G.  A.,  ch.  37,  §  1.] 

SEC.  1 1 37-b.  Board  of  supervisors  to  purchase,  etc. 
Hereafter  the  board  of  county  supervisors  of  any  county,  or  the 
council  of  any  incorporated  city  or  town,  in  the  state  of  Iowa 
may,  by  a  two- thirds  vote,  authorize,  purchase,  and  order  the 
use  of  voting  machines  in  any  one  or  more  voting  precincts 
within  said  county,  city,  or  town,  until  otherwise  ordered  by 
said  board  of  county  supervisors  or  city  or  town  council.  [28 
G.  A.,  ch  37,  §  2.] 

SEC.  1 1  37-c.  Commissioners — term — removal.  Within 
thirty  days  after  this  act  goes  into  effect,  the  governor  shall 
appoint  three  commissioners  and  not  more  than  two  of  whom 
shall  be  from  the  same  political  party.  The  said  commissioners 
shall  hold  office  for  the  term  of  five  years,  subject  to  removal 
at  the  pleasure  of  the  governor.  [28  G.  A.,  ch.  37,  §  3.] 

SEC.  1 1  37-d.  Examination  of  machine— report  of  com- 
missioners— compensation.  Any  person  or  c  rporation 
owning  or  being  interested  in  any  voting  machine  may  call. 


ELECTIONS — VOTING   MACHINES.  31 

upon  the  said  commissioners  to  examine  the  said  machine,  and 
make  report  to  the  secretary  of  state  upon  the  capacity  of  the 
said  machine  to  register  the  will  of  voters,  its  accuracy  and 
efficiency,  and  with  respect  to  its  mechanical  perfections  and 
imperfections.  Their  report  shall  be  filed  in  the  office  of  the 
secretary  of  state  and  shall  state  whether  in  their  opinion  the 
kind  of  machine  so  examined  can  be  safely  used  by  such  voters 
at  elections  under  the  conditions  prescribed  in  this  act.  If  the 
report  states  that  the  machine  can  be  so  used,  it  shall  be  deemed 
approved  by  the  commissioners,  and  machines  of  its  kind  may 
be  adopted  for  use  at  elections  as  herein  provided.  Any  form 
of  voting  machine  not  so  approved  cannot  be  used  at  any 
election.  Each  commissioner  is  entitled  to  one  hundred  and 
fifty  dollars  for  his  compensation  and  expenses  in  making  such 
examination  and  report,  to  be  paid  by  the  person  or  corpor- 
ation applying  for  such  examination.  No  commissioner  shall 
have  any  interest  whatever  in  any  machine  reported  upon. 
Provided,  that  said  commissioner  shall  not  receive  to  exceed 
fifteen  hundred  dollars  and  reasonable  expenses  in  any  one 
year;  and  all  sums  collected  for  such  examinations  over  and 
above  said  maximum  salaries  and  expenses  shall  be  turned 
into  the  state  treasury.  [28  G.  A.,  ch.  37,  §  4  ] 

SEC.  1 1  37-e.  Provisions  as  to  construction  ot  machine 
approved.  A  voting  machine  approved  by  the  state  board  of 
voting  machine  commissioners  must  be  so  constructed  as  to 
provide  facilities  for  voting  for  the  candidates  of  at  least  seven 
different  parties  or  organizations,  must  permit  a  voter  to  vote 
for  any  person  for  any  office  although  not  nominated  as  a  can- 
didate by  any  party  or  organization,  and  must  permit  voting  in 
absolute  secrecy.  It  must  also  be  so  constructed  as  to  prevent 
voting  for  more  than  one  person  for  the  same  office,  except 
where  the  voter  is  lawfully  entitled  to  vote  for  more  than  one 
person  for  that  office ;  and  it  must  afford  him  an  opportunity  to 
vote  for  any  or  all  persons  for  that  office  as  he  is  by  law  entitled 
to  vote  for  and  no  more,  at  the  same  time  preventing  his  voting 
for  the  same  person  twice.  It  may  also  be  provided  with  one 
ballot  in  each  party  column  or  row  containing  only  the  words 
"presidential  electors"  preceded  by  the  party  name,  and  a  vote 
for  such  ballot  shall  operate  as  a  vote  for  all  the  candidates  of 
such  party  for  presidential  electors.  Such  machine  shall  be  so 
constructed  as  to  accurately  account  for  every  vote  cast  upon 
it.  [28  G.  A.,  ch  37,  §  5.] 

SEC.  1137-f.  Experimental  use.  The  board  of  super-' 
visors  of  any  county,  the  council  of  any  city  or  town,  may 
provide  for  the  experimental  use  at  an  election  in  one  or  more 
districts,  of  a  machine  which  it  might  lawfully  adopt,  without  a 
formal  adoption  thereof;  and  its  use  at  such  election  shall  be  as 
valid  for  all  purposes  as  if  it  had  been  lawfully  adopted.  [28  G. 
A.,  ch.  37,  §  6,] 


32  ELECTIONS — VOTING   MACHINES. 

SEC.  1137-g.  Duties  of  local  authorities.  The  local 
authorities  adopting  a  voting  machine  shall,  as  soon  as  practi- 
cal thereafter,  provide  for  each  polling  place  one  or  more  voting 
machines  in  complete  working  order,  and  shall  thereafter  keep 
them  in  repair,  and  shall  have  the  custody  thereof  and  of  the 
furniture  and  equipment  of  the  polling  place  when  not  in  use  at 
an  election.  If  it  shall  be  impracticable  to  supply  each  and  every 
election  district  with  a  voting  machine  or  voting  machines  at  any 
election  following  such  adoption,  as  many  may  be  supplied  as  it 
is  practicable  to  procure,  and  the  same  may  be  used  in  such 
election  district  or  districts  within  the  county,  city,  or  town  as 
the  officers  adopting  the  same  may  direct.  [28  G.  A.,  ch.  37  ,  §7.] 

SEC  1 137  h.  Bonds,  certificates  of  indebtedness,  etc.  The 
local  authorities,  on  the  adoption  and  purchase  of  a  voting 
machine,  may  provide  for  the  payment  therefor  in  such  manner 
as  they  may  deem  for  the  best  interest  of  the  locality,  and  may 
for  that  purpose  issue  bonds,  certificates  of  indebtedness,  or 
other  obligations  which  shall  be  a  charge  on  the  county,  city, 
or  town.  Such  bonds,  certificates,  or  other  obligations  may  be 
issued  with  or  without  interest,  payable  at  such  time  or  times  as 
the  authorities  may  determine,  but  shall  not  be  issued  or  sold 
at  less  than  par.  [28  G.  A.,  ch.  37,  §  8.] 

SEC,  11  37-i  Ballots— form.  All  ballots  shall  be  printed 
in  black  ink  on  clear,  white  material,  of  such  size  as  will  fit  the 
ballot  frame,  and  in  plain,  clear  type  as  the  space  will  reason- 
ably permit.  The  party  name  for  each  political  party 
represented  on  the  machine  shall  be  prefixed  to  the  list  of 
candidates  of  such  party.  The  order  of  the  list  of  candidates  of 
the  several  parties  or  organizations  shall  be  arranged  as  provided 
in  section  eleven  hundred  and  six  (1106)  of  the  code,  except 
that  the  lists  may  be  arranged  in  horizontal  rows  or  vertical 
columns.  [28  G.  A.,  ch.  37.  §  9.] 

SEC.  1137-j-  Sample  ballots.  The  officers  or  board 
charged  with  the  duty  of  providing  ballots  for  any  polling-place 
shall  provide  therefor  two  sample  ballots,  which  shall  be  ar- 
ranged in  the  form  of  a  diagram  showing  the  entire  front  of  the 
voting  machine  as  it  will  appear  after  the  official  ballots  are  ar- 
ranged for  voting  on  election  day.  Such  sample  ballots  shall 
be  open  to  public  inspection  at  such  polling-place  during  the 
day  of  election  and  the  day  next  preceding  electio'n  day.  [23  G. 
A,  ch.  37,  §  10.] 

SEC.  1137-k.  Two  sets  of  ballots.  Two  sets  of  ballots 
shall  be  provided  for  each  polling-place  for  each  election  for  use 
in  the  voting  machine.  [28  G.  A.,  ch.  37,  §  11.] 

SEC  1137-1.  Delivery  of  ballote.  The  ballots  and  sta- 
tionery shall  be  delivered  to  the  election  board  of  each  election 
district  before  ten  o'clock  in  the  forenoon  of  the  day  next  pre- 
ceding the  election.  [28  G.  A  ,  ch.  37,  §  12.] 

SEC.  1137-m.  Duties  of  election  officers— independent 
ballots.  The  judges  of  election  and  clerks  of  each  district 
shall  m39t  at  the  polling  place  therein,  at  least  three-quarters 


ELECTIONS — VOTING    MACHINES.  33 

of  an  hour  before  the  time  set  for  the  opening  of  the  polls  at 
each  election,  and  shall  proceed  to  arrange  within  the  guard- 
rail the  furniture,  stationery,  and  voting  machines  for  the  con- 
duct of  the  election.  The  judges  of  election  shall  then  and 
there  have  the  voting  machine,  ballots,  and  stationery  required 
to  be  delivered  to  them  for  such  election;  and,  if  it  be  an  elec- 
tion at  which  registered  voters  only  can  vote,  the  registry  of 
such  electors  required  to  be  made  and  kept  therefor.  The 
judges  shall  thereupon  cause  at  least  twoinstrucdon  cards  to  be 
posted  conspicuously  within  the  polling-place.  If  not  pre- 
viously done,  they  shall  arrange,  in  their  proper  place  on  the 
voting  machine,  the  ballots  containing  the  names  of  the  offices 
tj  be  filled  at  such  election,  and  the  names  of  the  candidates 
nominated  therefor.  If  not  previously  done,  the  machine  shall 
be  so  arranged  as  to  show  that  no  vote  has  been  cast,  and  the 
same  shall  not  be  thereafter  operated,  except  by  electors  in 
voting.  Before  the  polls  are  open  for  election,  each  judge 
shall  carefully  examine  every  machine  and  see  that  no  vote  has 
been  cast,  and  the  same  shall  be  subject  to  inspection  of  the 
election  officers  Ballots  voted  for  any  person,  whose  name 
does  nor  appear  on  the  machine  as  a  nominated  candidate  for 
office,  are  herein  referred  to  as  independent  ballots.  Where 
two  or  more  persons  are  to  be  elected  tt>  the  same  office,  and  the 
machine  requires  that  all  independent  ballots  voted  for  that 
office  be  deposited  in  a  single  receptacle  or  device,  an  elector 
may  vote  in  or  by  such  receptacle  or  device  for  one  or  more 
persons  whose  names  do  not  appear  upon  the  machine  with  or 
without  the  names  of  one  or  more  persons  whose  names  do  so 
appear.  With  that  exception,  anH  except  for  presidential  elec- 
tors, no  independent  ballot  shall  be  voted  for  any  person  for 
any  office  whose  name  appears  on  the  machine  as  a  nominated 
candidate  for  that  office;  any  independent  ballot  so  voted  shall 
not  be  counted  An  independent  ballot  must  be  cast  in  its 
appropriate  place  on  the  machine,  or  it  shall  be  void  and  not 
counted.  [28  G.  A.,  ch.  37,  §  13.] 

SEC.  I  I  37-n.  Voting  machine  in  plain  view — guard-rail. 
The  exterior  of  the  voting  machine  and  every  part  of  the  poll- 
ing-place shdll  be  in  plain  view  of  the  election  officers.  The 
voting  machine  shall  be  placed  at  least  three  feet  from  every 
wall  and  partition  of  the  polling-place,  and  at  least  three  feet 
from  the  guard-rail,  and  at  least  four  feet  from  the  clerk's 
table.  A  guard-rail  shall  be  constructed  at  least  three  feet 
from  the  machine,  with  openings  to  admit  electors  to  and  from 
the  machine.  [28  G.  A.,  ch.37,  §  14. J 

SEC.  11  37-o.  Method  of  voting.  After  the  openings  of  the 
polls,  the  judges  shall  not  allow  any  voter  to  pass  within  the 
guard-rail  until  they  ascertain  that  he  is  duly  entitled  to  vote. 
Only  one  voter  at  a  time  shall  be  permitted  to  pass  within  the 
guard-rail  to  vote.  The  operating  of  the  voting  machine  by 
the  elector  while  voting  shall  be  secret  and  obscured  from  all 


34  ELECTIONS — VOTING    MACHINES. 

other  persons  except  as  provided  by  this  chapter  in  cases  of 
voting  by  assisted  electors'  No  voter  shall  remain  within  the 
voting  machine  booth  longer  than  one  minute,  and  if  he  shall 
refuse  to  leave  it  after  the  lapse  of  one  minute,  he  shall  be 
removed  by  the  judges.  [28  G.  A  ,  ch.  37,  §  15.] 

SEC.  11  37 -p.  Additional  Instructions.  In  case  any  elec- 
tor after  entering  the  voting  machine  booth  shall  ask  for  fur- 
ther instructions  concerning  the  manner  of  voting,  two  judges 
of  opposite  political  parties  shall  give  such  instructions  to  him; 
but  no  judge  or  other  election  officer  or  person  assisting  an 
elector  shall  in  any  manner  request,  suggest,  or  seek  to  per- 
suade or  induce  any  such  elector  to  vote  any  particular  ticket, 
or  for  any  particular  candidate,  or  for  or  against  any  particular 
amendment,  question,  or  proposition.  After^  receiving  such 
instructions,  such  elector  shall  vote  as  in  the  case  of  an  unas- 
sisted voter.  [28  G.  A.,  ch.  37,  §  16.] 

SEC.  1137-q.  Injury  to  the  machine.  No  voter,  or  other 
person,  shall  deface  or  injure  the  voting  machine  or  the  ballot 
thereon.  It  shall  be  the  duty  of  the  judges  to  enforce  the  pro- 
visions of  this  section.  During  the  entire  period  of  an  election, 
at  least  one  of  their  number  designated  by  them  from  time  to 
time,  shall  be  stationed  beside  the  entrance  to  the  booth  and  shall 
see  that  it  is  properly  closed  after  a  voter  has  entered  it  to  vote. 
He  shall  also,  at  such  intervals  as  he  may  deem  proper  or  neces- 
sary, examine  the  face  of  the  machine  to  ascertain  whether  it 
has  been  defaced,  or  injured,  to  detect  the  wrong-doer  and  to 
repair  any  injury.  [28  G.  A.,  ch.  37,  §  17. J  . 

SEC.  1137-r.  Canvass  of  vote.  As  soon  as  the  polls  of  the 
election  are  closed,  the  judges  of  the  election  thereat  shall  im- 
mediately lock  the  voting  machine  against  voting  and  open  the 
counting  compartments  in  the  presence  of  all  persons  who  may 
be  lawfully  within  the  polling-place,  and  proceed  to  canvass  the 
vote.  [28  G.  A.,  ch.  37,  §  Is.] 

SEC.  1137-s.  Judges  to  lock  machine.  The  judges  of 
election  shall,  as  soon  as  the  count  is  completed  and  fully  ascer- 
tained as  in  this  act  required,  lock  the  machine  against  voting, 
and  it  shall  so  remain  for  the  period  of  thirty  days.  Whenever 
independent  ballots  have  been  voted,  the  judges  shall  return  all 
of  such  ballots  properly  secured  in  a  sealed  package  as  prescribed 
by  section  eleven  hundred  and  forty-two  (1142)  of  the  code. 
[28  G.  A.,  oh.  37,  §  19.] 

SEC.  1 1 37-t.  Written  statements  of  election.  After  the 
total  vote  for  each  candidate  has  been  ascertained,  and  before 
leaving  the  room  or  voting  place,  the  judges  shall  make  and 
sign  written  statements  of  election,  as  required  by  the  election 
laws  now  in  force,  except  that  such  statements  of  the  canvass 
need  not  contain  any  ballots  except  the  independent  ballots  as 
herein  provided.  [28  G.  A.,  ch.  37,  §  20.] 

SEC.  1137-u.  What  statutes  apply.  All  of  the  provisions 
of  the  election  law  now  in  force  and  not  inconsistent  with  the- 


CANVASS    OF   VOTES.  3 

provisions  of  this  act  shall  apply  with  full  force  to  all  counties, 
cities,  and  towns  adopting  the  use  of  voting  machines.  Nothing 
in  this  act  shall  be  construed  as  prohibiting  the  use  of  a  separate 
ballot  for  constitutional  amendments  and  other  public  measures. 
[28  G.  A.,  ch.  37,  §  21] 

[The  above  sections  1137-a  to  1137-a  inclusive  are  sections  1  to  21 
inclusive  of  chapter  37  of  the  acts  of  the  28th  G.  A.  By  the  title  to  said 
act,  it  was  made  additional  to  chapter  3,  title  VI,  of  the  code,  and  it  is- 
deemed  best  to  insert  them  here  in  a  chapter  by  themselves.— Ed.] 


CHAPTER  4. 
OF  THE  CANVASS  OF  VOTES. 

SECTION  11  38.  By  judges.  When  the  poll  is  closed,  the 
judges  of  election  shall  forthwith,  and  without  adjournment, 
canvass  the  vote  and  ascertain  the  result  of  it,  comparing  the 
poll  lists  and  correcting  errors  therein.  Each  clerk  shall  keep  a 
tally  list  of  the  count.  The  canvass  shall  be  public,  and  each 
candidate  shall  receive  credit  for  the  number  of  votes  counted 
for  him.  The  candidate  receiving  the  highest  number  of  votes, 
if  for  an  office  in  that  precinct  alone,  shall  be  declared  elected, 
and  judges  shall  issue  certificates  accordingly.  [C.  '73,  §  § 
622-3,  626;  R.,  §  §  496-7,  501;  C.  '51,  §  §  261-2,  266.] 

SEC.  1139.  Defective  ballots.  If  two  or  more  marked 
ballots  are  so  folded  together  as  to  appear  to  be  cast  as  one,, 
the  judges  shall  indorse  thereon  "rejected  as  double."  Such 
ballots  shall  not  be  counted,  but  shall  be  folded  together  and 
kept  as  hereinafter  directed.  Every  ballot  not  counted  shall 
be  indorsed  'defective"  on  the  back  thereof.  Every  ballot, 
objected  to  by  a  judge  or  challenger,  but  counted,  shall  be 
indorsed  on  the  back  thereof  "objected  to,"  and  there  shall  also 
be  indorsed  thereon,  and  signed  by  the  judges,  a  statement  as 
to  how  it  was  counted.  All  ballots  indorsed  as  required  by  this 
section  shall  be  inclosed  and  securely  sealed  in  an  envelope,  on 
which  the  judges  shall  indorse  "disputed  ballots,"  with  a  state- 
ment of  the  precinct  in  which,  and  date  of  the  election  at  which, 
they  were  cast,  signed  by  the  judges.  [24  G.  A.,  ch.  33,  §  25; 
C.  '73,  §  623;  R.  §  497;  C.  '51  §  262.] 

SEC.  1 140.  Excess  of  ballots.  If  the  ballots  for  any  officer- 
exceed  the  number  of  the  voters  in  the  poll  lists,  such  fact  shall 
be  certified,  with  the  number  of  the  excess,  in  the  return,  and  if 
the  vote  of  the  precinct  where  the  error  occurred  would  change 
the  result  as  to  a  county  officer,  if  the  person  appearing  to  be 
elected  were  deprived  of  so  many  votes,  then  the  election  shall 
be  set  aside  as  to  him  in  that  precinct,  and  a  new  election 
ordered  therein ;  but  no  person  residing  in  another  precinct  at 
the  time  of  the  general  election  shall  be  allowed  to  vote  at  such 
special  election.  If  the  error  occurs  in  relation  to  a  township, 
officer,  the  trustees  may  order  a  new  election  or  not,  in  their 
discretion.  If  the  error  be  in  relation  to  a  district  or  state 


36  CANVASS   OF   VOTES. 

officer,  it,  with  the  number  of  the  excess,  shall  be  certified  to  the 
state  canvassers,  and  if  the  error  would  affect  the  result,  a  new 
vote  shall  be  ordered  in  the  precinct  where  the  error  happened, 
and  the  canvass  be  suspended  until  such  new  vote  is  taken  ar.d 
returned.  When  there  is  a  tie  vote  and  such  an  excess,  there 
shall  be  a  new  election.  [C.  '73,  §  6^7;  R.,  §  498;  C.  '51,  §  263.] 

The  meaning  of  the  word  "error5'  as  here  used  would  be  more  accurately 
ex  ressed  by  the  use  of  the  word  ''excess  "  The  supervisors  should  not 
order  a  new  election  for  a  county  offio  r  unless  it  appears  that  there  is  an 
excess  of  ballots  as  to  that  office:  Rankin  v.  Pitkin,  50-313. 

Evidence  as  to  a  mistake  in  a  count  of  the  ballots  as  to  one  candidate  is 
immitrriil  upon  the  question  as  to  whether  there  was  a  mistake  in  the  count 
as  to  another  Candidas:  Mclntosh  v.  Livingston,  41-219. 

SEC.  1141.  Return  of  ballots  not  voted.  Ballots  not 
voted,  or  spoiled  by  voters  while  attempting  to  vote,  shall  be 
returned  by  the  judges  of  election  to  the  officer  or  authorities 
charged  with  their  printiag  and  distribution,  and  a  receipt  taken 
therefor,  and  they  shall  be  preserved  for  six  months.  Such 
officer  shall  keep  a  record  of  the  number  of  ballots  delivered 
from  each  polling  place,  the  name  of  the  person  to  whom,  and 
the  time  when,  delivered,  and  enter  upon  such  record  the  num- 
ber and  character  of  the  ballots  returned,  with  the  time  when 
and  the  person  by  whom  they  are  returned.  [24  G.  A,  ch,, 
33,  §  25  ] 

SEC.  1142.  Proclamation  of  result — preservation  of 
ballots.  When  the  canvass  is  completed,  the  clerks  shall  an- 
nounce to  the  judges  the  total  number  of  votes  received  by  each 
candidate.  One  or  more  of  their  number  shall  then  proclaim  in 
a  loud  voice  the  total  number  of  votes  received  by  each  of  t  he 
persons  voted  for,  and  the  office  for  which  he  is  designated,  as 
announced  by  said  clerks,  and  the  number  of  votes  for,  and  the 
number  of  votes  against,  any  proposition  which  shall  have  been 
submitted  to  a  vote  of  the  people.  Immediately  after  making 
such  proclamation  and  before  separating,  the  judges  shall  fold 
in  two  folds,  and  string  closely  upon  a  single  piece  of  flexible 
-wire,  all  ballots  which  have  been  counted  by  them,  except  those 
indorsed  "rejected  as  double,"  ''defective,"  or  "objected  to," 
runite  the  ends  of  such  wire  in  a  firm  knot,  seal  the  knot  in  such 
.a  manner  that  it  cannot  be  untied  without  breaking  the  seal, 
inclose  the  ballots  so  strong  in  an  envelope,  and  securely  seal 
.such  envelope.  The  judges  shall  at  once  return  all  the  ballots 
,to  the  officer  from  whom  they  were  received,  who  sha)l  carefully 
^preserve  them  for  six  months.  [Same,  C.  '73,  §  630.] 

Wfiere  the  ballots  are  preserved  as  here  required  they  are  prima  facie 
admissible  in  evidence  in  a  contest  as  to  the  result  of  the  election,  but  the 
opposite  party  may  overcome  this  prima,  facie  showing  by  proof  of  the  altera- 
tion of  me  ballots  after  they  were  counted  and  it  is  not  necessary  that  such 
alteration  be  pleaded  in  the  proceedings  under  the  contest:  Ferguson  v. 
Henrv,  64  N  W.,  292. 

The  poll  books  and  registration  lis^s  prepared  as  provided  bylaw  furnish 
the  best  evidence  as  to  who  cast  ballots  at  the  election.  So  held  where  the 
question  was  as  to  the  sufficiency  of  the  petition  of  consent  under  the  mulct 
tax  law.  State  v.  Pressman,  103-449. 


CANVASS    OF   VOTES.  37 

The  law  provides  for  the  strictest  vigilance  in  the  care  and  preservation 
of  the  ballots,  and  where  it  appears  that  these  precautions  have  not  been 
observed  and  there  has  been  opportunity  to  tamper  with  them  they  will  not 
be  considered  in  an  election  contest  for  th  purpose  of  overthrowing  tne  result 
of  the  canvass  by  the  proper  officers.  Davenport  v  Olertch,  104-194. 

The  duty  of  preserving  the  ballot- is  not  a  negative  one  of  not. -interfer- 
ence, but  a  posiiive  requirement  to  do  wha.ever  may  be  necessary  in  ordtr 
to  accomplish  the  purposes  of  the  law  in  keeni  g  them  inviolate.  Ibid. 

The  ballot  when  properly  authenticated  afford  the  very  best  tvidence  of 
who  has  been  chosen  by  the  electors  to  an  omce,  but  in  order  that  the  result 
of  the  canvass  shall  be  overturned  by  the  evidence  of  such  ballots  ir  must 
appear  that  they  have  been  preserved  with  that  care  which  preclude*  the 
suspicion  of  having  been  tampered  with  and  the  opportun-ty  ot  alte'at»on  or 
chauge,  and  in  a  particular  case,  held,  that  it  appeared  that  there  had  been 
such  opportunity  for  tampering  with  the  ballots  that  they  should  not  be  con- 
sidered for  the  purpose  of  overturning  the  result  as  announced  by  the  can- 
vassing board.  Ibid. 

The  ballots  should  be  preserved  in  such  way  as  not  to  afford  a  reasonable 
possibility  of  their  having  been  changed  or  tampered  with  by  unauthorized 
persons  Mtntzerv.  Davis,  109-528. 

As  the  manner  and  mode  c/f  preservatinn  of  ballots  has  been  enjoined  by 
statute,  a  j-ubstantial  compliance  theiewhh  must  be  shown  preliminary  to 
the  introduction  of  the  ball<  ts  iu  evidence  This  preliminary  proof,  unle.^s 
waived,  is  essential  to  the  compe'ency  f  the  ballots  as  evidence  for  any 
purpose  as  against  the  official  count,  and  no  averment  in  the  pleading  is 
required  as  a  basis  for  an  objection  to  their  competency.  DeLong  v. 
Brown,  113-370. 

The  question  of  the  competency  of  the  ballots  as  evidence  is  one  of  fact 
to  be  determined  by  the  trinl  court  Ib'd. 

Where  it  appeared  that  ballots  had  been  so  kept  that  they  might  have 
been  tampered  with,  held  that  they  were  not  admissible.  Ibid. 

SEC.  1143.  Destruction  of  ballots.  The  parties  to  any 
contested  election  shall  have  the  right,  in  open  session  of  the 
court  or  tribunal  trying  the  contest,  and  in  the  presence  of  the 
officer  having  them  in  cus  ody,  to  have  the  ballots  opened,  and 
all  errors  of  the  judges  in  counting  or  refusing  to  count  ballots 
corrected  by  such  court  or  tribunal.  If  at  the  expiration  of  six 
months  no  contest  is  pending,  the  officer  having  the  ballots  in 
custody,  without  opening  the  package  in  which  they  have  been 
inclosed,  shall,  in  the  presence  of  two  electors  to  be  designated 
by  the  chairman  of  the  board  of  supervisors,  one  each  from  the 
two  leading  political  par' ies  or,  in  municipal  elections,  by  the 
mayor  of  the  city  or  town  in  which  they  are  kept,  destroy  the 
same  by  burning.  If  a  contest  is  pending,  the  ballots  shall  be 
kept  until  the  same  is  finally  determined,  and  then  so  destroyed. 
[24  G.  A.,  ch.  33,  §  25.] 

SEC.  1144.  Return  of  board.  A  return  shall  be  made  in 
each  poll-book,  giving,  in  words  written  at  length,  the  whole 
number  of  ballots  cast  for  each  officer,  except  those  rejected, 
the  name  of  each  person  voted  for,  and  the  number  of  votes- 
given  to  each  person  for  each  different  office;  which  return 
shall  be  signed  by  the  judges,  and  be  substantially  as  follows: 

At  an  election  at  the  house .in township,  or 

in precinct  of township,  in county, 

state  of  Iowa,  on  the day  of A.  D there 


38  CANVASS    OF    VOTES 

were ballots  cast  for  the  office  of  (governor),  of  which 

A B had votes. 

C D had votes. 

(And  in  the  same  manner  for  any  other  officer.) 

A  true  return.         L M "] 

N O V  Judges  of  Election. 

P Q J 

Attest:     R S 1  01     ,        ,  „. 

rp  jj  ^Clerks  of  Election. 

£19  G.  A.,  ch/163,  §  14;"  6'.  "73,  §  §  628,  631;  R.,  §  §    502,   537; 
C.  '51,  §  §  261,  303.] 

It  is  not  fatal  to  the  certificate  that  it  does  not  contain  full  particulars  of 
time  and  place.  The  caption  and  the  certificate  may  be  taken  together: 
Dishonv.  Smith,  10-212. 

While  the  canvassers  cannot  adjudicate  upon  the  sufficiency  of  returns, 
where  the  case  comes  into  a  court  of  justice  the  court  or  jury  trying  it  may 
:go  behind  the  returns  and  even  behind  the  ballot-box  in  some  cases:  Ibid. 

SEC.  1145.    Poll-books  returned  and  preserved.    One  of 

the  poll- books  containing  such  return,  with  the  register  of  elec- 
tion attached  thereto,  shall  be  delivered  by  one  of  the  judges 
of  election,  within  two  days,  to  the  county  auditor.  In  town- 
ship precincts,  the  other  of  said  poll-books,  with  the  register  of 
•election  attached,  shall  be  delivered  by  one  of  the  judges  of 
•election  to  the  township  clerk.  In  city  precincts,  the  other  of 
said  poll-books,  with  register  of  election  attached,  shall  be 
delivered  by  one  of  che  judges  of  election  to  the  city  clerk.  In 
town  elections,  the  other  of  said  poll-books,  with  register  of 
election  attached,  shall  be  delivered  by  one  of  the  judges  of 
election  to  the  town  clerk:  In  each  case,  the  receiving  officer 
shall  file  said  books,  and  the  registry  books  and  lists  and  other 
papers  pertaining  to  registration,  in  his  office,  and  preserve  the 
same  for  eighteen  months,  or  until  the  determination  of  any 
contest  then  pending,  after  which  they  shall  be  destroyed.  [22 
O  A.,  ch  48,  §  6;  C.  '73,  §  §  503,  629;  R.,  §  §  333,  503,  1131; 
C.  '51,  §  268.] 

Previous  to  the  time  when  the  poll  books  are  directed  to  be  destroyed 
they  may  be  used  by  the  board  of  supervisors  in  determining  whether  the 
number  of  signers  to  a  petition  of  consent  for  the  sale  of  intoxicating  liquors 
is  sufficient;  Cameron  v.  Fellows,  10  >-534, 

SEC,  1146.  Canvass  of  returns  from  precincts.  If  there 
are  two  or  more  precincts  in  any  township,  city  or  ward,  the 
trustees  and  clerk  or  the  mayor  and  clerk,  as  the  case  may  be, 
shall,  on  the  day  after  the  election,  meet  and  canvass  the  returns 
from  all  precincts  for  votes  cast  for  officers  to  be  elected  by 
such  township,  city  or  ward.  The  returns  shall  be  opened  in 
the  presence  of  all  the  canvassers,  and  an  abstract  of  votes 
made  and  signed  by  them,  and  the  result  declared,  and  a  certifi- 
cate of  election  signed  by  them  given  the  candidates  elected. 
If  the  mayor  shall  have  been  a  candidate  at  such  election,  a 
justice  of  the  peace  of  the  county,  selected  by  the  clerk,  shall 
act  wiih  him  in  making  the  canvass.  [C.  '73  §§  502-3,  631; 
R.,  §  1131.] 


CANVASS    OF   VOTES.  39 

The  board  of  supervisors  and  not  the  township  trustees  have  authority  to 
canvass  the  ballots  for  justice  of  the  peace  (see  |  11  50):  Lynch  v.  Vermazen, 
€1-76. 

SEC.  1147.    Township,  city  ancUtown  officers  notified. 

Notice  of  the  result  of  the  election  of  the  township,  city  and 
town  officers  shall  be  given  by  the  township,  city  or  town  clerk, 
as  the  case  may  be,  within  five  days  thereafter,  by  posting,  in 
three  public  places  in  the  township,  town  or  city,  notices  con- 
taining the  names  of  persons  declared  elected,  and  requiring 
each  of  them  to  appear  before  the  proper  officer  and  qualify 
according  to  law.  [C.  '73,  §  633;  R.,  §  548;  C.  '51,  §  317.] 

SEC.  1148.  Returns  from  precincts  secured.  If  the 
returns  from  all  the  precincts  are  not  made  to  the  county 
auditor  by  the  third  day  after  the  election,  on  the  fourth  he 
shall  send  messengers  to  obtain  such  of  them  as  are  wanting, 
the  expense  of  which  shall  be  paid  by  the  county.  [C.  '73,  § 
€34;  R,  §505;  C.  '51,  §  270.] 

SEC.  1149.  Canvass  by  board  of  supervisors.  At  their 
meeting  on  the  Monday  after  the  general  election,  at  twelve 
o'clock,  noon,  the  board  of  supervisors  shall  open  and  canvass 
the  returns,  and  make  abstracts,  stating,  in  words  written  at 
length,  the  number  of  ballots  cast  in  the  county  for  each  office, 
the  name  of  each  person  voted  for,  and  the  number  of  votes 
given  to  each  person  for  each  different  office.  [19  G.  A.,  ch. 
163,  §14;  C.,  73,  §§  632,  662.  R;  §§  335,  506,  538-9;  C.  '51,  §§ 
271,  304-5.] 

Returns:  The  action  of  the  board  in  canvassing  returns  is  ministerial 
rather  than  judicial.  Nor  is  there  any  discretion  to  be  exercised.  The  board 
has  no  authority  to  judge  of  the  validity  of  returns  or  of  votes.  Its  duty  is 
to  receive  the  returns  and  count  thtm,  provided  they  are  sufficiently  proved 
to  be  such,  although  irregular.  (So  htld  in  regard  to  the  canvass  of  votes 
at  special  election  as  to  the  relocation  of  a  county  seat  under  5  G.  A. ,  ch. , 
46):  State  ex  relv.  County  Judge,  7  186;  State  v  Bailey,  7-390. 

The  canvassers  may  reject  improper  returns,  such  as  are  not  properly 
signed,  or  have  not  been  in  the  proper  custody,  or  have  been  mutilated  or 
changed;  and  after  they  have  declared  the  result  they  may,  by  mandamus, 
be  compelled  to  re-assemble  and  re-canvass  the  vote  to  correct  a  mistake  in 
improperly  rejecting  returns:  Price  v.  Harned,  1-473;  or  in  counting 
improper  returns:  State  ex rel  v.  County  Judge ',  13-139 

Where  an  officer  was  authorized  to  examine  the  returns  of  an  election 
for  a  county  seat,  and,  on  being  satisfied  that  either  place  voted  for  had  a 
greater  number  of  votes  than  the  other,  the  record  of  such  result  was  to  be 
made,  held,  that  he  had  no  authority  to  inquire  into  the  legality  of  the  votes 
cast,  but  was  bound  by  the  returns  as  made  to  him:  United  States  ex  rel.  v. 
Commissioners,  Mor  ,  31. 

In  a  case  involving  the  validity  of  votes  cast  at  an  election  the  court  is 
not  precluded  by  the  return,  but  may  receive  evidence  as  to  the  compliance 
with  the  law  on  the  part  of  the  officers  of  election,  and  may  therefore  receive 
evidence  that  the  officers  were  duly  sworn,  although  such  fact  does  not  appear 
on  the  face  of  the  return:  Dishon  v.  Smith,  10-212. 

Where  two  corresponding  returns  were  made  out  by  the  judges  of  elec- 
tion one  of  which  was  on  its  face  informal  and  unauthenticated  and  the 
other  was  formal  and  on  its  face  duly  authenticated,  held,  that  the  county 
board  of  canvassers  could  not  refuse  to  receive  evidence  aliunde  to  establish 
the  former,  and  yet  receive  such  evidence  to  defeat  the  latter,  but  must 
count  the  votes  as  returned:  State  v.  Cavers,  22-343. 


40  CANVASS   OF   VOTES. 

Mandamus  is  the  proper  remedy  to  compel  the  canvassers  to  declare 
elected  and  certify  to  the  election  of  the  party  receiving  the  highest  number 
of  votes:  Bradfieldv.  Wart,  36-291. 

A  writ  of  mandamus  will  not  issue  to  compel  a  canvassing  board  to  re- 
assemble and  canvass  the  return  of  the  votes  for  an  office  and  declare  the 
candidate  receiving  a  majority  of  the  votes  cast  therefor  to  be  elected,  after 
the  expiration  of  the  term  for  which  he  was  elected:  Potts  v.  Tuttle,  79-253. 

Where  the  canvass  of  votes  at  an  election  was  to  be  made  by  county  judge 
calling  to  his  assistance  two  justices  of  p^ace,  and  an  action  by  mandamus 
was  instituted  to  compel  a  recanvass,  held,  that  such  Mandamus  properly 
issued  to  the  judge  alone  and  not  to  the  board  as  originally  constituted: 
State  ex  rel  v.  County  Judge,  7  186  Rice  v  Smith,  9-570. 

Where  a  writ  of  Mandamus  was  granted  to  compel  a  re-assembling  of 
the  canvassing  board  of  the  county  by  the  county  judge  for  the  purpose 
of  recanvassing  the  returns,  held ,  that  the  primary  writ  should  issue  to  such 
county  judge  in  his  individual  name,  and  that  upon  failure  of  the  other 
members  of  the  board  summoned  by  him,  in  pursuance  of  law,  to  constitute 
such  board  and  canvass  such  returns  to  comply  with  the  writ,  an  alias  writ 
might  be  directed  to  such  other  members  and  a  proper  canvass  compelled: 
State  ex  rel  v.  Smith,  9  334. 

The  duties  imposed  upon  the  members  of  the  board  of  supervisors  in 
relation  to  canvassing  votes  cast  at  elections  may  be  eoforced  by  Mandamus 
but  an  action  of  damages  for  their  non-performai  ce  will  not  lie:  Jayne  v. 
Drorbaugh,  63-711 

The  judges  of  election  who  have  made  defective  leturns  may  correct  such 
returns  so  as  to  authorize  the  board  of  supervisors  to  canvass  the  same: 
Rummfl  v.  Dealy ,  1  2-503. 

Injunction:  Although  mandamus  may  have  issued  to  compel  aboard  of 
canvassers  to  count  and  record  the  votes  contained  in  certain  returns,  yet 
an  injunction  restraining  any  action  under  the  count  as  thus  recorded  will 
not  be  be  improper  or  ihconsistent  with  the  ma*  damus  if  it  appears  that  the 
votes  which  the  board  is  directed  to  canvass  should  not  be  counted  owing  to 
masters  existing  outside  of  the  returns:  Dishcn  v .  Smith  10-212. 

Certificate:  It  is  not  fatal  to  the  certificate  that  it  does  not  contain  full 
particulars  as  to  the  time  and  place  of  the  election.  The  caption  and  the 
certificate  may  be  taken  together:  Ibid. 

Where  it  is  required  that  a  certificate  of  the  election,  at  which  a  railroad 
aid  tax  was  voted,  should  be  certified  by  the  clerks  of  the  election,  held, 
that  a  certificate  signed  by  the  judges  and  attested  by  the  clerks  was  suffi- 
cient: Casady  v.  Lowry.  49-523, 

The  tw-nty  days  for  filing  statement  of  contest  as  to  the  election  of  a 
county  offioer  commences  to  run  from  the  date  wnen  the  b  >ard  ot  super- 
visors determined  the  result  as  here  provided  and  not  from  the  date  of  the 
counting  of  t*e  ballots  by  the  judges  of  election:  Clark  v  Tracy,  64  N.  W  , 
290;  Ferguson  v  Henrv .  64  N  W.  ,  292. 

SKC  1150.  Abstracts.  The  abstract  of  the  votes  for  each 
of  the  following  classes  shall  be  made  on  a  different  sheet: 

1.  Presidential   electors; 

2.  Governor  and  lieutenant-governor; 

3.  All  state  officers  not   otherwise  provided  for; 

4.  Representatives  in  congress; 

5.  Senators  and  representatives  in  the  general  assembly  for 
the  county  alone; 

6.  Senators  and  representatives  in  the  general   assembly  by 
districts  comprising  more  than  one  county; 

7.  Judges  of  the  district  court; 

8.  County  officers.  [C.  '73,  §§  636,  662;  R.f  §§   507,  538-9;  C 
'51,  §§  272,304-5] 


CANVASS    OF    VOTES.  41 

SEC.  1151.  For  congressman,  electors  and  state  and 
district  officers.  Abstracts  of  all  the  votes  cast  for  congress- 
men, presidential  electors,  state  or  judicial  district  officers, 
shall  be  made  in  duplicate,  and  signed  by  the  board  of  county 
canvas&ers.  one  of  which  shall  be  forwarded  to  the  secretary  of 
state,  and  the  other  filed  by  the  county  auditor.  [C.  '73,  §§. 
637,  662;  R.,  §§  507,  538-9;  C.  '51,  §§  272,  304-5.] 

SEC.  1152.  Declaration  of  election.  Each  abstract  of 
the  votes  for  such  officers  as  the  county  alone  elects  shall  con- 
tain a  declaration  of  whom  the  canvassers  determined  to  be 
elected,  except  when  two  or  more  persons  receive  an  equal  and 
the  greatest  number  of  votes.  [C.  '  73,  §  639;  R.,  §  509;  C.  '51, 
§275.] 

SEC.  1153.  For  senator  or  representative  for  district 
When  a  senator  or  representative  in  the  general  assembly  is 
elected  by  a  district  composed  of  two  or  more  counties,  the 
several  boards  of  canvassers  therein  shall,  after  the  canvass  of 
the  vote,  make  and  certify  as  many  copies  of  the  abstract  of 
the  votes  for  such  office  as  there  are  counties  in  such  senatorial 
or  representative  district,  and  one  additional,  and  the  auditor 
in  each  county  shall  seal  up,  direct  and  transmit  one  copy  to 
the  secretary  of  state,  and  one  to  the  auditor  of  each  other 
county  in  the  district,  who  shall  file  the  same  in  tht  ir  respective 
offices,  and  he  shall  preserve  one  in  his  office.  [C.  '73,  §  646.] 

SEC.  1154.  Returns  filed.  When  the  canvass  is  con- 
cluded, the  board  shall  deliver  the  original  returns  to  the  audi- 
tor, who  shall  file  the  same,  and  record  each  of  the  abstracts 
above  mentioned  in  the  election  book.  [C,  '73,  §  640;  R, 
§§385,510;  C.  '51,  §  276.] 

SEC.  1155.  Certificate  of  election.  When  any  person  is 
thus  declared  elected,  there  shall  be  delivered  him  a  certificate 
of  election,  under  the  official  seal  of  the  county,  in  substance 
as  follows: 

STATE  OP   IOWA,      \ 
County.    j 

At  an  election   holden   in    said    county   on   the day   of 

A.  D ,  A &., was  elected  to  the 

office  of of  the  said  county  for  the  term  of . .  years 

from  the day  of A.  D (or  if   he  was 

elected   to  fill  a  vacancy,  say  for  the  residue  of  the  term  ending 

on  the day  of ,    A.    D ),    and   until   his 

successor  is  elected  and  qualified. 

G   .......D 

President  of  Board  of  Canvassers. 

Witness,  E   F ,  County  Auditor  (clerk). 

which  certificate  shall  be  presumptive  evidence  of   his   election 
and  qualification.     [C.  '73,  §  641;  R  ,  §§511,  514;  C. '51,  §277  ] 

SEC.  1 1  56.  Of  senators  and  representatives.  The  certi- 
ficate of  election  of  senators  and  representatives  shall  be  in 
duplicate,  and  substantially  in  the  form  given,  with  such 
changes  only  as  are  necessary,  one  of  which  shall  be  delivered 


42  CANVASS   OF   VOTES. 

to  the  person  entitled  thereto,  and  the  other  forwarded  to  the 
secretary  of  state.  [C.  '73,  §  642;  R,  §§  512,514;  C.  '51,  §  278.] 

SEC.  1157.  Abstracts  forwarded  to  secretary  of  state. 
Within  ten  days  after  the  election,  one  of  the  abstracts  of  votes 
for  governor  and  lieutenant-governor  shall  be  sealed  up  by  the 
auditor,  indorsed,  " Abstract  of  votes  for  governor  and  lieuten- 
ant-governor from county  (naming  the  county)," 

and  be  by  him  forwarded  to  the  speaker  of  the  house  of  repre- 
sentatives; those  for  presidential  electors,  representatives  in 
congress,  and  all  other  state  and  district  officers,  shall  be  separ- 
ately sealed  up,  indorsed  in  like  manner,  with  necessary 
changes,  and  then  all  placed  in  one  package  and  forwarded  to 
the  secretary  of  state.  Abstracts  of  votes  cast  at  special 
elections  to  fill  vacancies  in  office  shall  be  forwarded  as  soon  as 
canvassed.  [C.  '73,  §§  645,  662;  R  ,  §§  517,  518,  538-9;  C.  '51, 
§§  283-4,  304-5.] 

SEC.  1168.  Returns  procured  from  counties.  If  the 
abstracts  from  any  county  are  not  received  at  the  office  of  the 
secretary  of  state  within  fifteen  days  after  the  day  of  election, 
he  shall  send  a  messenger  to  the  auditor  of  such  county,  who 
shall  furnish  him  with  them,  or,  if  they  have  been  sent,  with  a 
copy  thereof,  and  he  shall  return  them  to  the  secretary  without 
delay.  [C.  '73,  §§  649,  662;  R.,  §§  519,  5^8-9;  C.  '51,  §§  285, 
304-5.] 

SEC.  1159.  Abstracts  opened.  The  abstracts  received  by 
the  secretary  of  state  shall  be  kept  by  him  until  the  day  fixed 
for  their  opening,  and  shall  then  be  opened  only  in  the  presence 
of  the  state  board  of  canvassers.  [C.  '73,  §  650;  R.,  §  520; 
C,  '51,  §  286  ] 

SEC.  1160.  State  board  of  canvassers.  The  executive 
council  constitutes  a  board  of  canvassers  for  the  state,  but  no 
member  thereof  shall  take  part  in  canvassing  the  votes  for  any 
office  for  which  he  himself  is  a  candidate.  [C.  '73,  §  651; 
R>§  521;  C. '51,  §  287] 

SEC.  1161.  Time  of  state  canvass.  On  the  twentieth  day 
after  the  day  of  election,  the  board  of  state  canvassers  shall 
open  and  examine  all  of  the  returns  If  they  are  not  received 
from  all  the  counties,  it  may  adjourn,  not  exceeding  twenty 
days,  for  the  purpose  of  obtaining  them,  and,  when  received, 
shall  proceed  with  the  canvass.  Returns  of  elections  to  fill 
vacancies  in  office  shall  be  canvassed  as  soon  as  received. 
[C.  '73,  §§  652,  663;  R.,  §§  522,  540;  C.  '51  §§  288,  304.  ] 

SEC.  1162.  Canvass  by  state  board  The  board  of  state 
canvassers  shall  open  the  abstracts  for  state  senators  and 
representatives  transmitted  to  the  secretary  of  state,  and  can- 
vass the  votes  therein  returned,  at  the  time  and  in  the  manner 
of  canvassing  the  state  vote,  or  at  such  other  time  as  they  may 
fix,  at  least  twenty  days  prior  to  the  time  fixed  by  law  for  the 
meeting  of  the  next  general  assembly,  and  in  case  of  a  special 
election,  within  five  days  after  the  receipt  of  such  abstracts, 


CANVASS    OF   VOTES.  43 

and  shall  immediately  make  out,  certify,  and  transmit  by  mail 
to  the  county  auditor  of  each  county  in  the  district,  to  be  by 
him  filed  in  his  office,  a  copy  of  the  abstract  of  such  canvass 
required  in  the  next  section,  which  shall  be  recorded  by  him  in 
the  election  book.  [C.  '73,  §  647  ] 

Sic.  1163.  Abstract  of  result.  It  shall  make  an  abstract 
stating,  in  words  written  at  length,  the  number  of  ballots  cast 
for  each  office,  the  names  of  all  the  persons  voted  for,  for  what 
office,  the  number  of  votes  each  received,  and  whom  they  declare 
to  be  elected;  which  abstract  shall  be  signed  by  the  canvassers 
in  their  official  capacity  and  as  state  canvassers,  and  have  the 
seal  of  the  state  affixed.  [19  G.  A.,  ch.  163,  §  14;  C.  '73,  §§  653, 
663;  R  ,  §§  523.  540;  C.  '51,  §§  289,  306.] 

SEC.  1164.  Record  of  canvass.  The  secretary  of  state 
shall  file  the  abstracts  when  received,  and  record  the  same  in  a 
book  to  be  kept  by  him  for  recording  the  result  of  state  elec- 
tions, to  be  known  as  the  state  election  book.  [C.  '73,  §  t54; 
R.  §524;  C.  '51,  §  290.] 

SEC.  1165.  Certificate  of  election .  Each  person  declared 
elected  by  the  state  board  of  canvassers  shall  receive  a  certifi- 
cote  thereof,  signed  by  the  governor,  or,  in  his  absence,  by  the 
secretary  of  state,  with  the  seal  of  state  affixed,  attested  by  the 
other  canvassers,  to  be  in  substance  as  follows: 
STATE  OF  IOWA: 

To  A....  ...B ,  Greeting:     It  is   hereby   certified 

that,  at  an  election  holden  on  the day  of , 

you  were  elected  to   the  office  of of  said  state, 

for  the  term   of,...  years,    from  and   after  the day  of 

(or  if  to  fill  a  vacancy,  for  the  residue   of  the  term, 

•ending  on  the   .  . .  day   of ).     Given   at   the   seat   of 

government  this day   of.    ..      

If  the  governor  be  absent,  the  certificate  of  the  election  of 
the  secretary  of  state  shall  be  signed  by  the  auditor.  The  cer- 
tificate to  members  of  the  legislature  shall  describe,  by  the 
number,  the  district  from  which  the  member  is  elected.  [C. 
'73,  §§  655,  657;  R.,  §§524,527;  C.  '51,  §§  290,  293.] 

SEC.  1166.  Representatives  in  congress.  The  certificate 
of  the  election  of  a  representative  in  congress  shall  be  signed 
by  the  governor,  with  the  seal  of  the  state  affixed  and  be 
countersigned  by  the  secretary  of  state.  [C.  '73,  §  658;  R.,  § 
528;  C.  '51,  §  291.] 

SEC  1167.  Certificates  mailed.  The  secretary  of  state 
shall  deliver  or  mail  certificates  of  election  to  the  persons 
declared  elected.  [C.  '73  §§  64«,  656,  658;  R.,  §§  526,  528;  C. 
"51,  §§  291-2.] 

SEC.  1168.  Certificate  to  electors.  The  governor,  at  the 
expiration  of  ten  days  from  the  completed  canvass,  shall  issue 
to  each  presidential  elector  declared  elected  a  certificate  of  his 
election,  under  his  hand  and  the  seal  of  state,  the  same,  in 
substance,  as  required  in  other  cases,  and  shall  notify  him  to 


44  PRESIDENTIAL    ELECTORS. 

attend  at  the  seat  of  government  at  noon  on  the  second  Mon- 
day in  January  following  his  election,  reporting  his  attendance 
to  him.  If  there  be  a  contest  of  the  election,  no  certificate 
shall  issue  until  it  is  determined.  [22  G.  A.,  oh.  50;  C.  '73,  § 
665;  R.,  §542;  C.  '51,  §308.] 

SEC.  1169.  Tie  vote.  If  more  than  the  requisite  number  of 
persons,  including  presidential  electors,  are  found  to  have  an 
equal  and  the  highest  number  of  votes,  the  election  of  one  of 
them  shall  be  determined  by  lot.  The  name  of  each  of  such 
candidates  shall  be  written  on  separate  pieces  of  paper,  as 
nearly  uniform  in  size  and  material  as  possible,  and  placed  in  a 
receptacle  so  that  i he  names  cannot  be  seen.  In  the  presence 
of  the  board  of  canvassers,  one  of  them  shall  publicly  draw  one 
of  such  names,  and  such  person  shall  be  declared  elected.  The 
result  of  such  drawing  shall  be  entered  upon  the  abstract  of 
votes  and  duly  recorded,  and  a  certificate  of  election  issued  to 
such  person,  as  provided  in  this  chapter  [C.  '73,  §§  632,  643  4, 
664;  R.,  §§  515,  516,  541,  547;  C.  '51,  §§  281-2,  307,  316.] 

SEC.  1170.  Canvass  public— result  determined.  All 
canvasses  of  returns  shall  be  public,  and  the  persons  having 
the  greatest  number  of  votes  shall  be  declared  elected.  [C.  '73, 
§  §  623,  638,  664;  R.,  §  §  497.  508,  541;  C.  '51,  §  §  262,  273,  307  ] 

Sue.  1171.  Special  elections— canvass  and  certificate. 
In  case  a  special  election  has  been  held,  the  board  of  county 
canvassers  shall  meet  at  one  o'clock  in  the  afternoon  of  the  sec- 
ond day  thereafter,  and  canvass  the  votes  cast  thereat.  The 
county  auditor,  as  soon  as  the  canvass  is  completed,  shall  trans- 
mit to  the  secretary  of  state  an  abstract  of  the  votes  so  can- 
vassed, and  the  state  board,  within  five  days  after  receiving 
such  abstracts,  shall  canvass  the  returns.  A  certificate  of  elec- 
tion shall  be  issued  by  the  county  or  state  board  of  canvassers, 
as  in  other  cases.  All  the  provisions  regulating  elections, 
obtaining  returns,  and  canvass  of  votes  at  general  elections, 
except  as  to  time,  shall  apply  to  special  elections.  [C.  '73,  §  § 
791-3;  R.,  §  673.] 

SEC  11  72.  Messengers  for  election  returns.  Messengers 
sent  for  the  returns  of  elections  shall  be  paid  from  the  state  or 
county  treasury,  as  the  case  may  be,  ten  cents  a  mile  going  and 
returning,  [C.  '73,  §  3827;  R.,  §  529;  C.  '51  §  296.] 


CHAPTER  5. 

OF  PRESIDENTIAL  ELECTORS. 

SECTION  11 73.  Election  of.  At  the  general  election  in  the 
years  of  the  presidential  election,  or  at  such  other  times  as  the 
congress  of  the  United  States  may  direct,  there  shall  be  elected 
by  the  electors  of  the  state,  one  person  from  each  congressional 
district  into  which  the  state  is  divided,  as  elector  of  president 
and  vice-president,  and  two  from  the  state  at  large,  no  one  of 


OFFENSES    AGAINST    THE    RIGHTS    OF    SUFFRAGE.  45 

whom  shall  be  a  person  holding  the  office  of  senator  or  repre- 
sentative in  congress,  or  any  office  of  trust  or  profit  under  the 
United  States.  Such  election  shall  be  conducted,  and  the  can- 
vass of  the  votes  and  the  returns  thereof  made,  in  the  same 
manner  as  for  state  officers  and  representatives  in  congress. 
[16  G.  A.,  ch.  23;  C.  '73,  §  §  659,  660;  R.,  §  §  635-6;  C.  '51,  §  § 
301-2. ]  [28  G.  A.,  ch.,38,  §  1.] 

See  U.  S.  Const.,  art.  II,    \   1. 

SEC.  1 1  74.  Meeting— certificate.  The  presidential  elec- 
tors shall  meet  in  the  capitol,  at  the  seat  of  government,  at 
noon  of  the  second  Monday  in  January  after  their  election,  or 
so  soon  thereafter  as  practicable.  If,  at  the  time  of  such  meet- 
ing, any  elector  for  any  cause  is  absent,  those  present  shall  at 
once  proceed  to  elect,  from  the  citizens  of  the  state,  a  substi- 
tute elector  or  electors,  and  certify  t.>e  choice  so  made  to  the 
governor,  and  he  shall  immediately  cause  the  person  or  persons 
so  selected  to  be  notified  thereof.  [:}2  G.  A.,  ch.  50;  C.  '73,  §  § 
665-7;  R.,  §  §  542-4;  C.  '51,  §  §  308-10  ] 

SEC.  1 175  .  Certificate  of  Governor.  When  so  met,  the 
said  electors  shall  proceed,  in  the  manner  pointed  out  by  law, 
with  the  election  and  the  governor  shall  duly  certify  the  result 
thereof,  under  the  seal  of  the  state,  to  the  United  States  secre- 
tary of  state,  and  as  required  by  act  of  congress  relating  to 
such  elections.  [22  G.  A.,  ch.  50;  C.  '73, §  66S;  R.,  §  545;  C. 
'51,  §  311.] 

SEC.  1176  Compensation.  The  electors  shall  each  receive 
a  compensation  of  five  dollars  for  every  day's  attendance,  and 
the  same  mileage  as  members  of  the  general  assembly.  [C. 
'73,  §  669;  R.,  546;  C.  '51  §  312.] 


TITLE  XXIV— CHAPTER  8. 

OF  OFFENSES  AGAINST  THE  RIGHTS  OF  SUFFRAGE. 

SECTION  4914.  Bribery  of  electors.  Any  person  offering 
or  giving  a  bribe  to  any  elector  for  the  purpose  of  influencing 
his  vote  at  any  election  authorized  by  law,  or  any  elector  entitled 
to  vote  at  such  election  receiving  such  bribe,  shall  be  fined  not 
exceeding  five  hundred  dollars,  or  imprisoned  in  the  county  jail 
not  exceeding  one  year,  or  both,  [C.  '73,  §  3993;  R ,  §  43  3.] 

It  does  not  constitute  bribery  at  an  election  to  relocate  a  county  seat  for 
persons  interested  in  the  location  at  a  particular  place  to  agree  to  give  cer- 
tain facilities  for  the  convenience  of  the  whole  county,  such  as  offering  a 
building  for  courts  and  officers,  conveying  real  estate  to  the  county,  paying 
money  toward  the  erection  of  a  bridge,  subscribing  toward  a  high  school, 
etc.  Dishon  v.  Smith,  10-212;  Hawes  v  Miller,  56-395 

A  promise  by  a  candidate  to  pay  into  the  punlic  treasury,  if  elected,  a 
part  or  all  of  his  compensation,  is  aa  offer  of  a  bribe  to  electors,  and  dis- 
qualifies the  person  making  it,  if  elected,  for  holding  the  office:  Carrothers 
v  Russell,  53  346. 

Giving  or  offering  a  bribe  to  an  elector  is  a  ground  for  contesting  an 
election:  See  %  1198  and  note. 


46  OFFENSES    AGAINST    THE    RIGHTS    OF    SUFFRAGE. 

SEC.  4915.  To  refrain  from  voting— to  work  for  can- 
didate. If  any  person  shall  make  an  agreement  with  another 
to  pay  him  any  sum  of  money  or  other  valuable  thing  in  con- 
sideration that  such  other  person  shall  refrain  from  voting  at 
any  election,  or  shall  induce  other  qualified  electors  to  refrain 
from  voting,  or  that  such  other  person  shall  perform  any  service 
or  labor  on  any  election  day  in  the  interest  of  any  candidate  for 
any  office  who  is  to  be  voted  for  at  such  election,  or  in  the 
interest  of  any  measure  or  political  party,  he  shall  be  fined  in 
any  sum  not  less  than  fifty  nor  more  than  three  hundred  dollars, 
or  be  imprisoned  in  the  county  jail  not  exceeding  ninety  days. 
[25  G.  A.,  ch.  59,  §  1.] 

SEC.  4916.  Accepting.  Any  person  who  shall,  in  con- 
sideration of  any  sum  of  money  or  other  valuable  thing,  agree 
to  refrain  from  voting  at  any  general  or  municipal  election,  or 
to  induce  or  attempt  to  induce  others  to  do  so,  or  agree  to  per- 
form on  election  day  any  service  in  the  interest  of  any  candi- 
date, party  or  measure  in  consideration  of  any  money  or  other 
valuable  thing,  or  who  shall  accept  any  money  or  valuable  thing 
for  such  services  performed  in  the  interest  of  any  candidate, 
political  party  or  measure,  shall  be  punished  as  provided  in  the 
preceding  section.  [Same,  §  2.] 

SEC.  491 7.  Contracts  to  convey  voters.  Nothing  in  the 
two  preceding  sections  shall  be  HO  construed  as  to  punish 
individuals  or  committees  of  any  political  party  from  making 
contracts  in  good  faith  for  the  conveyance  of  voters  to  and  from 
polling  places  and  the  payment  of  any  reasonable  compensation 
for  such  service.  [Same,  §  3.] 

SEC.  4918.  Voting  more  than  once.  If  any  elector  un- 
lawfully vote  more  than  once  at  any  election  which  may  be  held 
by  virtue  of  any  law  of  this  state,  he  shall  be  fined  not  exceed- 
ing two  hundred  dollars,  or  be  imprisoned  in  the  county  jail  not 
exceeding  one  year.  [C.  ,73,  §  3994;  R.,  §  4334;  C.  '61,  §  2692.] 

SEC.  49 1 9.  When  not  qualified.  If  any  person,  knowing 
himself  not  to  be  qualified,  vote  at  any  election  authorized  by 
law.  he  shall  be  fined  not  exceeding  two  hundred  dollars,  or  be 
imprisoned  in  the  county  jail  not  exceeding  six  months.  [C. 
'73,  §  3995;  R.,  §  4335;  C.  '51,  §  2693.] 

In  an  indictment  for  this  offense  it  is  not  necessary  to  show  that  the 
election  was  held  by  the  proper  and  legal  officers,  or  to  srate  the  manner  in 
which  defendant  was  disqualified:  State  v  Douglass,  7-413. 

SECTION  4919-a.  Illegal  voting — penalty.  Whenever 
any  political  party  shall  hold  a  primary  election  for  the  purpose 
of  nominating  a  candidate  for  any  public  office  or  for  the 
purpose  of  selecting  delegates  to  any  convention  of  such  party, 
it  shall  be  unlawful  for  any  person  not  a  qualified  elector,  or 
any  qualified  elector  not  at  the  time  a  member  in  good  faith  of 
such  political  party,  to  vote  at  such  primary  election.  Any 
person  violating  the  provisions  of  this  section,  and  any  person 
knowingly  procuring,  aiding,  or  abetting  such  violation,  shall: 


OFFENSES   AGAINST   THE    RIGHTS   OF   SUFFRAGE.  4T 

be  deemed  guilty  of  a  misdemeanor,  and  upon  conviction  shall 
be  fined  not  to  exceed  one  hundred  dollars  or  be  imprisoned  in 
the  county  jail  not  to  exceed  thirty  days.  [27  G.  A.,  ch.  Ill, 

§  1.] 

SEC.  4919-b.  Prima  facie  evidence.  It  shall  be-  prima 
facie  evidence  of  the  violation  of  the  preceding  section,  for 
any  person  who  has  participated  in  any  primary  election  of 
one  political  party,  to  vote  at  a  primary  election  held  by 
another  political  party,  to  select  candidates  to  be  voted  for 
at  the  same  election;  or  to  select  delegates  to  any  conven- 
tion of  the  party  holding  such  primary  election.  [27  G.  A,, 
ch.  Ill,  §  2.]  * 

S  c.  4919-c.  Authority  to  administer  oaths.  Any 
judge  of  such  primary  election  shall  have  power  to  administer 
oaths  to,  and  to  examine  under  oath,  any  person  offering  to 
vot:  at  such  election,  touching  his  qualifications  to  participate 
in  such  primary  election,  and  it  shall  be  the  duty  of  such  judge 
of  election  to  so  examine  or  cause  to  be  examined  any  person 
challenged  as  to  his  right  to  vote.  Any  person  testifying 
falsely  as  to  any  material  matter,  touching  his  qualifications 
to  participate  in  such  primary  election,  shall  be  deemed  guilty 
of  perjury  and  punished  accordingly.  [27  G.  A.,  ch  111,  §  3.] 

SEC.  4919-d.  What  excep ted.  Nothing  in  this  act  shall 
be  construed  to  apply  to  conventions  held  under  the  caucus 
system.  \_21  G.  A.,  ch.  Ill,  §  4.] 

SEC.  4920.  Residence  in  county.  If  any  person  go  or 
come  into  any  county  of  this  state,  and  vote  in  such  county, 
not  being  a  resident  thereof,  he  shall  be  fined  not  exceeding 
two  hundred  dollars,  or  be  imprisoned  in  the  county  jail  not 
exceeding  one  year.  [C.  '73,  §  3996;  R  ,  §  4336;  C.  '51,  §2694.] 

SE-J.  492 1.  Residence  in  state.  If  any  person  wilfully 
vote  who  has  not  been  a  residence  of  this  state  for  six  months 
next  preceding  the  election,  or  who,  at  the  time  of  the  election, 
is  not  twenty-one  years  of  age,  or  who  is  not  a  citizen  of  the 
United  States,  or  who  is  not  qualified,  by  reason  of  other 
disability,  to  vote  at  the  place  where  and  time  when  the  vote  is 
to  be  given,  he  shall  be  fined  in  a  sum  not  exceeding  three 
hundred  dollars,  or  imprisoned  in  the  county  jail  not  exceeding 
one  year.  [C.  '73,  §  3997;  R.,  §  4337;  C.  '51,  §  1695.] 

It  is  no  defence  under  this  section  that  defendant  consulted  others  (not 
persons  learned  in  the  law)  as  to  his  right  to  vote,  and  wa«  advised  that 
he  was  qualified.  State  v.  She  e  ley  <  15—404. 

Voting  in  a  township  other  than  that    of    the    voter's    residence   is    an 
offense  under  this  section,  and  it  is  not  necessary  to  charge  or  prove  that 
a  cusfcd    voted  for    or  against  any  one.       The  casting    of    a    ballot    being 
proved,  it  would  be  presumed  that  it  designated  the  name  of  some  person  . 
for  some  office.       State  v,   Minnick,   15 — 123. 

SEC.  4922.      Counseling  to   vote    when    not   qualified. 

If  any  person  procure,  aid,  assist,  counsel  or  advise  another  to 
give  his  vote,  knowing  that  such  person  is  disqualified,  he 
shall  be  fined  not  exceeding  five  hundred  nor  less  than  fifty 


48  OFFENSES    AGAINST    THE    RIGHTS    OF    SUFFRAGE. 

dollars,  and  ba  imprisoned  in  the  county  jail  not  exceeding  one 
year.     |_C.  '73,  §  3998;  R.,  §  4338;  C.  '51,  §  2696.] 

SEC  4923.  Deceiving  voter  as  to  ballot.  If  any  judge 
or  clerk  of  election  furnish  an  elector  with  a  ticket  or  ballot, 
informing  him  that  it  contains  a  name  or  names  different  from 
those  which  are  written  or  printed  therein,  with  an  intent  to 
induce  him  to  vote  contrary  to  his  inclination,  or  fraudulently 
or  deceitfully  change  a  ballot  of  any  elector,  by  which  such 
elector  is  deprived  of  voting  for  such  candidate  or  person  as  he 
intended,  he  shall  be  imprisoned  in  the  county  jail  not  exceeding 
two  years,  and  be  fined  not  exceeding  one  thousand  dollars  nor 
less  than  one  hundred  dollars.  [C.  '73,  §  3999;  R,  §  4339;  C. 
'5i,  §2697.] 

SEC.  4924.  Preventing  from  voting  by  force  or  threats. 
If  any  person  unlawfully  and  by  force,  or  threats  of  force, 
prevent,  or  endeavor  to  prevent,  an  elector  from  giving  his 
vote  at  any  public  election,  he  shall  be  imprisoned  in  the  county 
jail  not  exceeding  six  months,  and  fined  not  more  than  two 
hundred  dollars.  [C.  '73,  §  4000;  R.,  §  4340;  C.,  '51,  §  2b98.] 

SEv,.  4925.  Bribing  clerks,  judges,  etc.  If  any  person 
give  or  offer  a  bribe  to  any  judge,  clerk  or  canvasser  of  any 
election  authorized  by  law.  or  any  executive  officer  attending 
the  same,  as  a  consideration  for  some  act  done  or  omitted  to  be 
done  contrary  to  his  official  duty  in  relation  to  such  election  he 
shall  be  fined  not  exceeding  seven  hundred  dollars,  and  impris- 
oned in  the  county  jail  not  exceeding  one  year.  [C.  '73,  §  4001 ; 
R.,  §  4341;  C.  '51,  §  2699.] 

SEC.  49^6.  Procuring  vote  by  influence  or  threats.  If 
any  person  procure,  or  endeavor  to  procure,  the  vote  of  any 
elector,  or  the  influence  of  any  person  over  other  electors,  at 
any  election,  for  himself,  or  for  or  against  any  candidate,  by 
means  of  violence,  threats  of  violence,  or  threats  of  withdraw- 
ing custom  or  dealing  in  business  or  trade,  or  enforcing  the 
payment  of  debts,  or  bringing  any  civil  or  criminal  action,  or 
any  other  threat  of  injury  to  be  inflicted  by  him  or  by  his 
means,  he  shall  be  fined  not  exceeding  five  hundred  dollars,  or 
imprisoned  in  the  county  jail  not  more  than  one  year.  [C.  '73, 
§  4002;  R  ,  §4342;  C.  '51,  §  2700  ] 

SEC.  4927.  Judges  or  clerks  making  false  entries,  etc. 
If  any  judge  or  clerk  of  any  election  authorized  by  law  know- 
ingly make  or  consent  to  any  false  entry  on  the  list  of 
voters  of  poll-books;  or  put  into  the  ballot  box,  or  permit  to  be  so 
put  in,  any  ballot  not  given  by  a  voter ;  or  take  out  of  such  box,  or 
permit  to  be  so  taken  out,  any  ballot  deposited  therein,  except 
in  the  manner  prescribed  by  law;  or  by  any  other  act  or 
omission  designedly  destroy  or  change  the  ballots  given  by  the 
electors  he  shall  be  fined  not  exceeding  one  thousand  dollars, 
and  imprisoned  in  the  penitentiary  not  exceeding  five  years. 
[C.  '73,  §  4003;  R.,  §  4343;  C.  '51.  §  2701.] 

SEC.  4*28.  Illegally  receiving  or  rejecting  votes. 
When  any  one  who  offers  to  vote  at  any  election  is  objected  to 


OFFENSES  AGAINST  THE  RIGHTS  OF  SUFFRAGE.        49 

by  an  elector  as  a  person  not  possessing  the  requisite  qualifi- 
cations, if  any  judge  of  such  election  unlawfully  Permit  him  to 
vote  without  producing  proof  of  such  qualification  in  the  manner 
directed  by  law,  or  if  any  such  judge  wilfully  refuse  the  vote  of 
any  person  who  complies  with  the  requisites  prescribed  by  law 
to  prove  his  qualifications,  he  shall  be  fined  not  more  than  two 
hundred  nor  less  than  twenty  dollars,  or  be  imprisoned  in  the 
county  jail  not  exceeding  six  months.  [C.  '73,  §  4004;  Rt, 
§  4344;  C, '51,  §.2702  ] 

An  election  officer  will  not  be  criminally  liable  for  refusing  to  receive  the 
ballot  of  an  elector  unless  the  elector,  being  qualified  by  compliance  with 
the  law  to  vote,  tenders  his  ballot  within  the  time  within  which  it  is  the 
duty  of  the  election  officer  to  receive  ballots:  State  v.  Clark,  102-685. 

The  refusing  of  a  ballot  by  the  election  officer  may  be  wilful  if  it  is  pur- 
posely and  deliberately  done,  without  regard  to  whether  the  'officer  had 
just  grounds  tor  believing  the  ballot  to  be  lawful:  Ibid. 

SEC.  4929.  Misconduct  to  avoid  election.  If  any  judge, 
clerk  or  executive  officer  designedly  omit  to  do  any  official  act 
required  by  law,  or  designedly  do  any  illegal  act,  in  relation  to 
any  public  election,  by  which  act  or  omission  the  votes  taken  at 
any  such  election  in  any  city,  town,  precinct,  township  or 
district  be  lost,  or  the  electors  thereof  be  deprived  of  their  suf 
frage  at  such  election,  or  designedly  do  any  act  which  renders 
such  election  void,  he  shall  be  fined  not  less  tljan  one  hundred 
nor  more  than  one  thousand  dollars,  or  imprisoned  in  the 
county  jail  not  more  than  one  year,  or  both.  [C.  '73,  §  40J5; 
R.,  §  4345;  C.  '51,  §  2703] 

SEC.  4930.  Not  returning  poll-books.  If  any  judge,  clerk 
or  messenger,  after  having  been  deputed  by  the  judges  of  the 
election  to  carry  the  poll -books  of  such  election  to  the  place 
where  by  law  they  are  to  be  canvassed,  wilfully  or  negligently 
fail  to  deliver  them  within  the  time  prescribed  by  law,  safe,  with 
the  seal  unbroken,  he  shall,  for  every  such  offense,  be  fined  not 
more  than  five  hundred  nor  less  than  fifty  dollars.  [C.  '73,  § 
4006;  R.,  §  4346;  C.  '51,  §  2704.] 

SEC.  4931.  Improper  registry.  Any  person  who  causes 
his  name  to  be  registered, knowing  that  he  is  not  or  will  not  become 
a  qualified  voter  in  the  precinct  where  his  name  is  registered 
previous  to  the  next  election,  or  who  shall  wrongfully  personate 
any  registered  voter,  and  any  person  causing,  or  aiding  or 
abetting  any  person  in  either  of  said  acts,  shall  be,  for  each 
offense,  imprisoned  in  the  penitentiary  not  less  than  one  year.. 
[C.  '73,  §  4007.] 


50  PRIMARY    ELECTIONS. 

CHAPTER  40  OF    THE    ACTS    OF    THE    THIRTIETH 
GENERAL  ASSEMBLY. 

PRIMARY    ELECTIONS. 

H.     F.    I. 

AN  ACT  providing  for  the  election  of  delegates  of  political  parties  by  a 
primary  election  and  for  the  nomination  of  officers  by  a  delegate  conven- 
tion system.  I  Additional  to  chapters  three  (3)  and  four  (4)  of  title  six 
(VI)  of  the  code,  relating  to  elections  and  canvass  of  votes.] 

Be  it  enacted  by  the   General  Assembly  of  the  State  of  Iowa: 

SECTION  1.  Primary  elections  authorized.  That  in  all 
counties  having  a  population  of  seventy -five  thousand  (75,000) 
or  more,  the  nomination  of  candidates  for  all  offices  filled  by 
election  of.  voters,  except  those  of  incorporated  towns  and  school 
districts,  by  all  political  parties,  shall  be  made  by  conventions 
composed  of  delegates,  and  the  selection  and  instruction  of  dele- 
gates shall  be  made  and  given  at  primary  elections  conducted 
under  the  regulations  herein  provided.  All  delegates  chosen 
and  serving  as  such  in  convention  assembled  shall  be  con- 
sidered as  instructed  to  vote  for,  as  long  as  good  faith  requires, 
and  use  their  best  endeavors  to  secure  the  nomination  of  per- 
sons for  the  various  positions  to  be  filled  who  have  received  the 
largest  number  of  votes  respectively  in  the  precinct  wherein  the 
the  delegate  was  elected .  The  provisions  of  chapters  three  (3) 
and  four  (4)  title  six  (6)  and  of  chapter  eight  (8)  title  twenty- 
four  (24)  of  the  code,  and  the  law  as  it  appears  in  sections  forty- 
nine  hundred  nineteen- a  (4919-a),  forty-nine  hundred  nine- 
teen-b  (4919  b),  forty-nine  hundred  nineteen-c  (4919-c)  of  the 
supplement  to  the  code,  shall  apply  to  all  such  primary  elections, 
the  same  as  general  elections,  when  not  in  conflict  with  this  act. 
SEC.  2.  When  held— polls  open.  This  primary  election 
shall  consist  of  an  election  by  all  political  parties  held  on  the 
first  Tuesday  in  May  preceding  the  November  general  election 
at  the  usual  voting  places  of  the  several  precincts,  and  shall  be 
conducted  in  the  same  manner  as  general  elections.  in  cities 
where  registration  is  required  by  law,  the  polls  shall  be  open 
from  seven  (7:00)  A.  M.  to  seven  (7:00)  P.  M.,  and  in  all  other 
precincts  from  twelve  (12)  o'clock  noon  to  six  (6:00)  P.  M.  If 
the  boundaries  of  any  voting  precinct  are  changed  between  the 
the  time  of  a  general  election  and  the  time  of  a  subsequent  pri- 
mary election,  the  boundaries  of  such  precinct  for  such  primary 
election  shall  be  the  same  as  they  were  at  the  last  preceding 
general  election.  [31  G.  A.,  ch.  45.  §  1;  ch.  46,  §  2.] 

SEC.  3  Election  officers  -expenses.  The  election  officers 
of  the  first  general  election  after  the  primary  election  shall  also 
be  the  officers  at  said  primary  election.  Such  judges  and  clerks 
of  election  shall  be  designated  and  so  notified  at  least  thirty  (30) 
days  prior  to  the  primary  election  day  and  shall  be  required  to 
take  the  same  oath  as  is  required  by  law  for  judges  and  clerks 


PRIMARY    ELECTIONS.  51 

of  a  general  election,  and  their  duties,  liabilities  and  compensa- 
tion shall  be  the  same.  The  expense  of  the  primary  election 
provided  for  in  section  two  (2)  of  this  act,  shall  be  paid  by  the 
counties  in  which  said  primary  election  is  held,  all  bills  to  be 
audited  and  passed  upon  by  the  board  of  supervisors. 

SEC.  4.  Prima  facie  electors— challenges.  Any  person  is 
prima  facie  an  elector  in  a  precinct  who  is  a  qualified  elector  in 
such  precinot  at  the  time  of  such  primary  election  and  who  has 
designated  the  political  party  with  which  he  desires  to  be  affili- 
ated at  the  general  election  held  in  the  preceding  November 
(unless  challenged,  and  if  challenged  then  only  in  the  event  the 
challenge  is  determined  in  favor  of  the  voter)  and  shall  be  enti- 
tled forthwith  but  not  later,  to  receive  a  ballot  of  the  political 
party  with  which  it  is  determined  by  the  poll  books  of  the  pre- 
ceding year,  that  he  declared  his  affiliation.  The  elector  voting 
at  such  primary  election,  shall  be  allowed  to  vote  for  candidates 
for  nominations  on  the  ticket  of  only  one  political  party,  and 
that  to  be  the  party  with  which  he  is  registered  as  affiliated 
with ;  provided  however,  that  those  who  failed  to  register  their 
party  affiliations  for  any  of  the  reasons  enumerated  in  section 
five  (5)  of  this  act  or  who  become  legal  voters  of  the  county  after 
the  last  general  election  preceding  such  primary  election,  who 
are  otherwise  qualified  electors  of  such  precinct,  shall  upon  com- 
plying with  the  requirements  of  said  section,  have  their  names 
registered  as  provided  therein  and  be  entitled  to  vote,  when  not 
challenged,  and  when  a  challenge  is  not  sustained,  but  such 
person  shall  not  be  permitted  to  vote  until  the  provisions  of  this 
act  are  complied  with.  When  an  elector  has  changed  his  resi- 
dence within  the  county  after  the  November  election  at  which 
he  voted  and  registered  his  party  affiliation  and  before  the  pri- 
mary election  following,  he  may  show  his  party  affiliations  by  a 
certificate  from  the  county  auditor,  which  certificate  shall  be 
issued  upon  request  by  such  officer.  The  endorsement  of  the 
judges  of  election  shall  appear  upon  the  ballots,  as  provided  by 
law  for  the  ballots  issued  at  the  November  election.  No  person 
shall  vote  at  a  primary  election  who  has  not  registered  as  herein 
provided.  The  judges  of  election  shall  instruct  the  voter  that 
he  is  to  vote  for  his  choice  of  the  candidates  for  each  office,  using 
only  the  ballot  of  the  party  with  which  he  affiliates,  and  he  must 
return  the  ballot  folded  that  it  may  be  deposited  in  the  ballot 
box. 

SEC.  5.  Registration  of  voters.  In  order  that  none  but 
qualified  electors  and  those  affiliating  with  and  who  are  mem- 
bers of  a  political  party  shall  participate  in  any  primary  elec- 
tion held  by  such  political  party,  a  system  for  the  registration 
of  voters  is  hereby  provided,  and  such  registration  shall  be  con- 
ducted in  form  and  manner  as  follows,  to- wit:  at  the  general 
election  held  in  November  of  each  year  there  shall  be  set  aside, 
on  the  regular  poll  books  used  for  the  purpose  of  registering 
the  names  of  persons  who  are  qualified  to  and  do  vote,  space 
for  the  registration  of  all  persons  who  may  desire  to  take  part 


52  PRIMARY    ELECTIONS, 

in  any  primary  election  held  thereafter  by  any  political  party. 
Such  space  shall  be  provided  on  the  regular  election  poll  books, 
immediately  following  the  last  perpendicularly  ruled  column  in 
such  book,  and  shall  be  headed  as  follows:  "Party  Affiliation." 
It  shall  be  the  duty  of  the  judges  at  such  general  election  to  ask 
each  person  who  votes  the  question,  "With  what  political  party 
do  you  desire  to  affiliate?"  and  the  name  of  the  political  party 
given  by  such  person  shall  be  recorded  in  the  column  provided 
on  the  poll  books  for  that  purpose.  In  case  any  person  does  not 
desire  to  state  his  party  affiliation  he  shall  not  be  required  so  to 
do  nor  shall  his  failure  so  to  do  act  as  a  bar  to  his  voting  at  any 
but  a  primary  election.  Any  elector  who  voted  at  the  last 
general  election  whose  party  affiliation  was  not  recorded  at 
such  general  election  or  having  declared  his  party  affiliation, 
desires  to  change  the  same  may,  not  less  than  thirty  npr  more 
than  forty  days  prior  to  the  date  of  the  primary  election,  file  an 
affidavit  with  the  officer  charged  with  the  custody  of  the  poll 
books  of  the  last  general  election,  stating  his  party  affiliation 
and  such  officer  shall  enter  a  record  of  the  same  on  the  poll 
books  in  the  proper  column  opposite  the  voter's  name.  Any 
such  person  who  was  necessarily  absent  from  the  precinct  and 
for  said  reason  was  unable  to  file  his  affidavit  of  party  affiliation 
or  change  of  party  affiliation  during  the  ten  days  provided 
therefor,  or  any  person  or  persons  who  did  not  vote  at  the  last 
general  election  or  any  person  or  persons  who  have 
moved  into  such  precinct  since  the  date  of  the  last  general  elec- 
tion, and  who  is  not  provided  with  a  certificate  from  the  county 
auditor  of  the  county  as  provided  in  section  four  (4)  of  this  act, 
and  who  is  a  qualified  elector  at  the  time  of  said  primary  elec- 
tion, and  any  person  who  became  a  qualified  elector  of  such 
precinct  since  such  last  general  election  shall  be  allowed  an 
opportunity  to  register  at  the  time  and  in  the  manner  set  forth 
herein,  as  follows,  to- wit:  Any  such  person  may  apply  at  the 
polls  of  the  precinct  in  which  he  resides  at  the  time  of  the 
primary  election,  and  make  alfidavit  before  the  officers  of  said 
primary  election,  who  are  hereby  authorized  to  administer  oath 
or  affirmation  thereto,  and  certify  to  the  same,  that  he  was  pre- 
vented from  registering  at  the  regularly  appointed  time  and 
the  cause  for  such  failure,  together  with  his  qualifications  as  a 
voter  and  membership  in  the  political  party  with  which  he  de- 
sires to  affiliate.  In  all  such  cases  the  person  so  applying  to 
the  officers  of  the  primary  election  for  registration  shall,  in  ad- 
dition to  his  own  affidavit,  produce  the  affidavit  of  at  least  two 
well  known  and  reputable  electors,  residents  and  freeholders  of 
the  precinct,  setting  forth  the  qualification  of  such  person  as  an 
elector.  The  officers  of  such  primary  election  shall  then  regis- 
ter the  name  of  the  person  so  applying  in  the  poll  book  for  the 
precinct  on  the  page  immediately  following  the  last  page  con- 
taining the  names  of  those  regularly  registered,  and  opposite 
each  name  so  registered  at  such  primary  election  shall  be 


PRIMARY   ELECTIONS.  53 

marked  the  words  "specially  registered,"  and  such  person  if  not 
challenged  or  if  a  challenge  is  not  sustained  shall  thereupon 
be  allowed  to  vote.  Such  poll  books  shall  be  delivered  to  the 
primary  election  board  by  the  custodian  thereof  at  least  one  day 
prior  to  the  day  of  the  primary  election,  and  be  returned  to 
such  custodian  in  good  condition  forthwith  after  said  primary 
election  to  be  preserved  by  him  as  provided  by  section  eleven 
hundred  and  forty-five  (1146)  of  the  code.  [31  G.  A.,  ch.  45, 
§2.] 

SEC.  6.  Challenged  voter — affidavit.  When  the  right  of 
any  person  to  vote  is  challenged,  who  voted  at  the  last  preced- 
ing general  election  and  at  that  time  declared  and  had  recorded 
his  party  affiliations,  or  who  voted  at  such  general  election  in 
some  other  precinct  of  the  county  and  there  declared  and  had  re- 
corded his  party  affiliations  and  has  produced  the  auditor's  certi- 
ficate herein  required,  or  who  voted  at  such  preceding  general 
election  and  declared  his  party  affiliation  snot  less  than  thirty  (30) 
days  before  such  primary  election  as  herein  provided,  the  elec- 
tion judges  shall  requireof  such  person  his  own  affidavit 
showing  his  qualifications  to  vote  at  such  primary  election. 

SEC.  7.  Candidates  for  nomination — affidavit.  The 
names  of  candidates  for  nomina^fon  for  all  county  offices,  also 
members  of  board  of  supervisors  and  township  offices  in  town- 
ships composed  of  more  than  one  precinct  and  of  candidates  for 
nomination  for  offices  to  be  determined  in  representative,  senator- 
ial, judicial,  congressional  or  state  conventions  who  are  residents 
of  the  county  if  for  a  county  office,  or  of  the  district  or  state  when 
they  are  candidates  for  a  district  or  state  office,  shall  be  filed 
with  the  county  auditor  at  least  twenty  (20)  days  before  said 
primary  election.  And  said  candidates  shall  each  file  therewith 
an  affidavit  stating  that  he  is  a  resident  of  the  county,  district 
or  state  and  that  it  is  his  bona  fide  intention  to  be  a  candidate 
for  the  nomination  upon  a  stated  party  ticket  for  the  office 
specified,  as  follows : 

I,  A. being  duly  sworn,  say  that  I  reside  at 

street —  — ( city  or  town)  of county  of 

state  of  Iowa  and  that  the  political  party  with  which  I  affiliate  is 
the —  —party;  I  am  eligible  to  hold  the  office   for  which   I 

am  a  candidate,  and  a — ;  that  I  am  a  candidate  for  the 

nomination  to  the  office  of to  be  voted  upon  at  the  primary 

election  to  be  held  on — and    hereby    request    that    my 

name  be  printed  upon  the  official  primary  ballot  as  provided  by 
law,  as  a  candidate  of  the—  —party. 

(Signed) 

Subscribed  and  sworn  to  (or  affirmed)   before  me by 

—on  this  day  of-          -190—     [31st  G.  A.  ch.  46.  §1.] 

SEC.  8.  Ballot — form.  Ten  days  prior  to  the  primary 
election  day  the  county  auditor  shall  prepare  the  primary  elec- 
tion ballot  for  each  political  party  as  hereafter  provided  and  a 
f  ac  simile  thereof  shall  be  published  at  least  once  in  the  official 


64  PRIMARY    ELECTIONS. 

papers  of  the  county  prior  to  the  primary  election  day.  The 
primary  election  ballot  of  each  political  party  shall  be  separ- 
ately printed  upon  paper  of  uniforn  quality,  texture  and  size 
and  printed  in  black  ink.  No  two  party  ballots  shall  be  of  the 
same  color  or  tint  of  paper.  The  paper  shall  be  of  such  quality, 
thickness  and  weight  and  folded  in  a  way  that  the  names  of 
the  candidates  cannot  be  seen  and  the  candidate  for  whom 
an  elector  votes  cannot  be  determined, — except  by  opening  the 
ballot.  Across  the  head  of  each  ballot  shall  be  printed  in  a 
plain  heavy  letter  the  name  of  the  political  party,  followed  in 
the  next  by  the  words  ''primary  election  ballot".  On  the  next 
lines  and  in  smaller  type  shall  be  printed  the  words,  ''lists  of 
candidates  for  nomination  to  be  voted  for  at  the  19 — primary 

election  in (precint) (township  or  ward) 

county."  Next  following  and  separated  from  the  above  head- 
ing by  a  light-faced  dash  shall  appear  the  words:  "To vote  for 
a  person  mark  a  cross  (X)  in  the  square  at  the  left  of  the  name 
of  the  person  for  whom  you  desire  to  vote."  The  remainder  of 
the  ballot  shall  be  made  up  in  the  same  manner  as  the  ballots 
used  at  general  elections,  except  that:  Following  the  name  of 
each  office  for  which  nominations  are  to  be  made  shall  be  printed 
in  a  column  the  names  of  all  the  candidates  in  alphabetical  order 

preceded  by  the  words  "vote  for (giving  the  number  to 

be  elected)."  Each  position  with  names  of  the  candidates  for 
that  position  shall  be  separated  by  a  black- faced  dash  one  inch 
in  length,  to  separate  each  position  clearly.  Following  the  last 
names  upon  the  ticket  and  separated  from  them  by  a  black- 
faced  dash,  shall  be  a  group  of  blank  spaces  headed  by  the  word, 

"delegates".   On  the  next  line  shall  be  the  words,  "vote  for ," 

designating  the  number  of  delegates  to  which  that  precinct  is 
entitled.  The  requisite  number  of  delegates  to  which  each 
precinct  is  entitled  shall  be  determined  by  the  county  auditor 
from  the  written  reports  of  the  chairman  of  the  respective 
county  central  committees,  said  reports  to  be  filed  with  the 
county  auditor  on  or  before  April  20th  of  each  year,  and  setting 
forth  the  number  of  delegates  to  which  each  precinct  is  entitled 
in  the  county  convention  of  their  party.  In  case  no  report  is 
filed  by  any  of  said  chairmen  as  herein  provided,  then  the  audi- 
tor shall  determine  the  requisite  number  of  delegates  to  which 
each  precinct  is  entitled,  as  he  may  deem  just  and  proportionate. 
Opposite  each  blank  space  on  the  left  shall  be  placed  a  square, 
and  the  elector  voting  the  ballot  may  while  in  the  booth  write  or 
paste  upon  the  blank  spaces  his  choice  of  the  requisite  number 
of  individuals  who  are  bona  fide  members  of  that  party  and 
qualified  residents  of  the  precinct  for  delegates  placing  an  X  in 
the  square  opposite  the  name  of  each.  Following  the  group 
of  blank  spaces  for  delegates  shall  be  a  blank  space  with  a 
square  set  opposite  to  the  left,  headed  by  the  word,  "committee- 
men."  The  elector  voting  the  ballot  may  likewise  write  or 
paste  upon  this  space  his  choice  of  an  individual  who  is  a  bona 


PRIMARY    ELECTIONS.  55 

fide  member  of  that  party  and  a  qualified  resident  of  that  pre- 
cinct for  precinct  committeeman,  placing  an  X  in  the  square 
opposite  the  name.  In  the  right  hand  column  at  the  bottom 
shall  appear  upon  each  ballot  the  f ac  simile  of  the  signature  of 
the  county  auditor  making  up  the  tickets,  followed  by  the  words, 
"county  auditor."  There  shall  be  no  printing  upon  the  back  of 
the  ballots,  or  any  mark  or  distinguishing  feature  other  than  the 
party  tint  or  color  of  paper  excepting  the  initials  of  one  of  the 
judges. 

S  c.  9.  Supplies — poll  books.  The  primary  election  board 
in  each  voting  precinct  shall  be  furnished  by  the  county  auditor 
with  the  necessary  election  supplies,  including  poll  books,  which 
shall  contain  tally  sheet  pages  with  the  names  of  the  candidates 
of  the  several  parties  for  the  different  offices,  also  blank  spaces 
for  the  lists  of  delegates  voted  for  and  for  those  voted  for  com- 
mitteemen,  and  blank  spaces  for  recbrding  by  the  clerks  of  the 
names  of  the  electors  voting  at  said  primary  election ;  and  upon 
the  pages  provided  for  the  recording  of  said  voters,  there  shall 
be  ruled,  commencing  at  the  left-hand  side  of  each  page,  sep- 
arate columns  perpendicularly,  and  across  each  line  upon  which 
the  name  of  the  voter  is  to  be  recorded  and  headed  at  the  top  of 
said  page  with  the  word  "Republican",  "Democrat",  or  the 
names  of  whatever  political  parties  authorized  by  this  act  to 
appear  upon  the  ballots  used  at  said  primary  election  to  desig- 
nate the  several  parties,  the  names  of  said  political  parties  to  be 
placed  in  the  order  of  their  numerical  strength  at  the  preceding 
November  election  held  in  the  county.  It  shall  be  the  duty  of 
the  clerks  of  the  primary  election  when  registering  the  name  of 
a  voter  to  place  in  the  poll  book  a  cross  thus  (X)  in  the  column 
designating  the  party  ticket  which  was  given  to  said  voter  upon 
his  application  for  a  ticket. 

SEC.  10.  Challengers.  The  party  committeeman  for  each 
party  in  each  precinct  may  appoint  in  writing  over  his  signature, 
two  party  agents  or  representatives,  supporting  different  candi- 
dates for  nomination  for  an  office  upon  which  the  principal  con- 
test at  said  primary  is  being  made,  when  there  are  two  or  more 
candidates  for  such  position  in  the  same  party,  who  shall  act  as 
challengers  for  there  respective  parties,  and  shall  have  the  same 
powers  as  challengers  at  general  elections.  The  right  of  a 
person  to  vote  at  a  primary  election  may  be  challenged  upon 
the  same  ground  and  his  right  to  vote  be  determined  in  the  same 
manner  as  at  a  general  election,  a1  so  upon  any  ground  touching 
his  qualifications  to  vote  under  the  provisions  of  this  act.  The 
committeeman  of  such  party  may  represent  the  party  at  the 
polling  place  during  the  canvass  of  the  votes  or  he  may  appoint 
another  for  that  duty. 

SEC.  1 1.  Canvass  of  votes.  The  canvass  of  the  votes 
after  the  close  of  the  polls  shall  begin  immediately  in  each 
precinct  by  opening  the  ballot  boxes  by  the  judges  who  shall 
proceed  to  take  therefrom  the  ballots.  Said  officers  shall  count 
the  number  of  ballots  cast  by  each  party,  at  the  same  time 


56  PRIMARY     ELECTIONS. 

bunching  the  tickets  cast  by  each  party,  together  in  separate 
piles,  and  then  shall  fasten  each  pile  together,  at  the  top  of  each 
ticket.  As  soon  as  the  primary  election  board  shall  have  sorted 
and  fastened  together  the  ballots  of  each  separate  party,  then 
they  shall  take  the  tally  sheets  provided  in  the  poll  books  and 
shall  count  all  the  ballots  for  each  party  separately  until  the 
count  is  completed,  and  shall  certify  to  the  number  of  votes  cast 
for  each  candidate  for  each  office  and  for  delegates  and  commit- 
teeman  upon  the  ticket  of  each  party.  They  shall  then  place 
the  counted  ballots  in  a  canvas  bag  furnished  for  that  purpose 
by  the  county  auditor,  but  in  no  case  shall  they  separate  them 
from  each  other,  and  the  bag  shall  be  securely  fastened  and 
sealed.  After  all  have  been  counted  and  duly  certified  to  by 
the  judges  and  clerks,  they  shall  seal  the  returns  for  all  parties 
in  one  envelope  provided  for  that  purpose,  on  the  outside  of  which 
shall  be  printed  in  perpendicular  columns  the  names  of  the  sev- 
eral p  jlitical  parties,  with  the  names  of  the  candidates  for  the 
different  offices  under  their  respective  party  heading,  together 
with  blank  spaces  under  appropriate  headings  for  names  of 
party  delegates  and  committeemen,  and  opposite  each  candi- 
date's name  shall  be  placed  the  number  of  votes  cast  for  such 
candidate  in  said  precinct,  and  the  names  of  the  persons  voted 
for  under  the  head  of  delegates  and  committeemen  shall  be 
listed  and  opposite  these  names  shall  be  placed  the  number  of 
votes  cast  for  each,  and  at  the  bottom  the  total  vote  cast  for  each 
political  party  in  said  precinct,  to  be  returned  to  the  county 
auditor. 

SEC.  12.  Delegates — credential  certificates — vacancies. 
The  requisite  number  of  persons  for  delegates  receiving  the 
highest  number  of  votes  upon  the  respective  pirty  tickets,  shall 
constitute  the  delegates  from  such  precinct  to  the  county  con- 
vention, and  a  credential  certificate  shall  be  issued  by  the  pri- 
mary election  board,  upon  a  blank  provided  by  the  county 
auditor  for  that  purpose,  naming  said  delegates,  their  precinct, 
and  the  party  selecting  them,  which  credential  shall  be  placed 
in  the  custody  of  the  delegate  receiving  the  highest  number  of 
votes,  to  be  delivered  to  the  committee  on  credentials  at  the 
county  convention.  In  case  of  a  tie  vote  in  any  precinct  upon 
any  delegate  or  delegates,  the  selection  shall  be  determined  by 
lot  to  be  cast  then  and  there  as  the  primary  board  may  deter- 
mine. It  shall  be  unlawful  for  any  delegate  to  grant  or  convey 
his  proxy  to  another  person  to  serve  in  his  place  as  a  delegate, 
and  the  members  of  the  precinct  delegations  duly  selected  at  the 
primary  election  and  in  attendance  at  the  party  convention 
shall  have  the  authority  to  either  fill  any  vacancies  arising  upon 
the  precinct  delegation  or  to  cast  the  full  number  of  votes  to 
to  which  their  precinct  is  entitled  in  the  convention. 

SEC.  13.  Returns.  The  returns  of  the  vote  cast  at  the  pri- 
mary election  together  with  the  canvas  bag  containing  the  bal- 
lots, shall  be  made  to  the  county  auditor  by  the  primary  election 


PRIMARY     ELECTIONS.  57 

boards,  including  a  separately  certified  list  of  the  delegates 
chosen  to  represent  the  various  precincts  in  the  county  conven- 
tions, and  also  the  committeemen  elected  to  serve  upon  the 
county  committees  of  the  various  political  parties,  by  twelve 
o'clock  noon  of  the  next  day  following  that  upon  which  the  pri- 
mary election  was  held,  and  the  county  auditor  shall  certify  a 
tabulated  statement  of  the  returns  as  reported  to  him  from  all 
the  precincts  of  the  county,  together  with  the  lists  of  delegates 
and  committeemen  and  a  list  of  the  candidates  for  district  and 
state  offices  voted  upon  and  the  vote  cast  for  each,  indicating 
the  candidates  for  each  office  receiving  the  largest  number  of 
votes  for  district  and  state  offices,  to  the  chairmen  of  the  respec- 
tive county  committees  of  the  several  political  parties  partici- 
pating in  said  primary  election  by  ten  o'clock,  A.  M.  of  the 
Friday  following  the  first  Tuesday  in  May,  which  returns  shall 
be  delivered  by  the  county  chairmen  to  the  county  convention 
of  each  party  hereinafter  provided. 

SEC.  14.  Party  conventions — nominations.  There  shall 
be  held  conventions  of  delegates  of  the  several  political  parties 
participating  in  the  primary  election  on  the  Saturday  following 
the  first  Tuesday  in  May  at  an  hour  and  place  designated  by 
the  county  committees  of  the  respective  parties,  and  the  chair- 
man and  secretary  of  the  committee  shall  issue  a  call  for  same 
which  shall  be  published  in  a  newspaper  of  general  circulation 
in  the  county  at  least  ten  (10)  days  preceding  the  time  of  meet- 
ing, designating  the  hour  and  place  of  holding  the  party  conven- 
tion. After  the  party  convention  shall  have  been  duly  consti- 
tuted and  organized,  the  secretary  thereof  shall  read  the  detailed 
certification  of  returns  from  the  primary  election  as  transmitted 
by  the  county  auditor  through  the  chairman  of  the  county  com 
mittee  to  the  convention.  If  it  shall  appear  that  any  candidate 
for  any  county  office  shall  have  a  number  of  instructed  delegates 
sufficient  to  be  a  majority  of  the  whole  number  of  delegates  con- 
stituting the  convention,  said  candidate  shall  thereupon  be 
declared  duly  nominated  without  the  formality  of  a  ballot ;  and  for 
such  offices  where  no  candidate  shall  have  a  majority  of 
instructed  delegates,  a  roll  call  shall  be  had  of  the  various  pre- 
cincts of  the  county  together  with  the  number  of  votes  to  which 
each  precinct  may  be  entitled,  the  delegates  announcing  by  pre- 
cincts their  choice  for  the  particular  office  called  which  ballot- 
ing shall  continue  until  some  candidate  for  each  office  shall  be 
declared  the  nominee  of  the  convention  for  said  office.  And  no 
person  whose  name  shall  not  have  appeared  upon  the  primary 
ticket  of  his  party  in  the  primary  election  shall  be  entitled  to 
receive  votes  in  said  county  convention.  The  county  conven- 
tion shall  by  its  chairman  and  secretary  certify  to  the  auditor 
of  the  county  wherein  same  is  held  the  nominees  of  the 
party;  and  no  nominee  shall  be  certified  to  except  from  among 
those  whose  names  were  printed  upon  the  official  ballot  of  the 
primary  election.  The  conventions  of  the  supervisoral  districts 


58  PRIMARY    ELECTIONS. 

and  of  the  townships  composed  of  more  than  one  voting  pre- 
cinct shall  be  held  in  the  forenoon  of  the  same  day  as  the 
county  convention,  and  the  nominees  of  said  convention  shall 
be  duly  certified  to  the  county  .auditor  as  by  law  provided. 

SEC.  1  5.  Nominees  for  township  offices.  Candidates  for 
township  offices,  except  in  townships  composed  of  more  than 
one  precinct,  receiving  the  highest  number  of  votes  cast  as 
determined  upon  by  a  count  of  the  votes  by  the  primary  election 
board  shall  be  declared  the  nominee  of  the  party  in  such  town- 
ships. The  names  of  candidates  for  nomination  for  offices  in 
such  townships  as  heretofore  stated,  shall  be  presented  to  the 
primary  election  board  of  their  respective  elective  precincts  and 
said  board  shall  declare  the  same  to  the  electors  voting  at  said 
primary  election  so  that  said  electors  may  vote  for  such  candi- 
dates for  nomination  the  same  as  for  candidates  for  the  various 
county  and  other  offices  and  the  nominees  for  township  offices 
in  such  townships  shall  be  duly  certified  to  the  couuty  auditor 
by  the  officers  of  the  primary  election  as  by  law  provided. 

SEC.  1  6.  Names  on  ballot.  There  shall  not  be  placed  upon 
any  official  ballot  to  be  voted  in  the  next  general  election  the 
name  of  any  candidate  of  a  political  party  which  cast  ten  (10) 
per  cent  or  more  of  the  total  vote  cast  at  the  preceding  general 
election  except  in  the  manner  hereinbefore  provided. 

SEC.  17.  County  committees.  The  county  committees  of 
the  various  political  parties  recognized  by  this  act  shall  consist 
of  one  elector,  a  member  of  that  particular  political  party  from 
each  voting  precinct  in  the  county,  who  shall  be  a  legal  voter 
in  the  precinct  he  is  elected  to  represent.  He  shall  be  known 
as  precinct  committeeman  and  shall  be  elected  at  the  primary 
election  as  hereinbefore  provided. 

SEC.  18.  Saloons  closed.  The  provision  of  section  twenty- 
four  hundred  and  forty-eight  (2448)  of  the  code,  relating  to  the 
closing  of  saloons  on  election  days,  shall  apply  in  like  manner 
to  the  primary  election  day,  under  this  act. 

SEC.  19.  Primary  elections  in  cities — conventions — 
committees.  The  primary  election  in  cities,  as  provided  in 
this  act,  for  the  selection  of  delegates  to  municipal  conventions 
and  for  voting  instructions  to  delegates  for  candidates  for 
municipal  offices,  and  for  the  election  of  city  committeeman, 
shall  be  held  on  the  fourth  Tuesday  preceding  the  day  of  the 
municipal  or  city  election,  and  all  the  provisions  of  this  act 
shall  apply  to  nomination  of  candidates  for  elective  offices  by 
political  parties  for  municipal  elections  in  such  cities  so  far  as 
applicable,  and  said  municipalities  shall  pay  the  expenses  of 
the  same,  all  bills  to  be  audited  and  passed  upon  by  the  city 
council.  The  city  clerk  shall  receive  the  affidavits  of  candi- 
dates, and  shall  arrange,  publish,  have  printed  and  furnish  to 
the  precinct  election  officers  the  party  tickets  and  necessary 
election  supplies;  to  him  shall  be  made  the  returns  by  the 
primary  election  boards,  and  he  shall  make  certification  of  the 


PRIMARY    ELECTIONS.  ''*''•$& 

results  of  the  primary  election  to  the  chairmen  of  the  city  com- 
mittees of  the  several  political  parties  participating  in  said 
primary  election  by  1:30  p.  M.  of  the  Friday  following- said 
primary  election,  and  perform  such  other  duties  relative  [to] 
the  city  primary  election,  which  shall  be  applicable  thereto,  as 
are  provided  for  the  county  auditor  in  the  primary  election .  A 
city  convention  of  the  various  political  parties  participating  in 
a  primary  election  shall  be  held  on  the  Saturday  next  following 
the  day  of  holding  the  primary  election,  and  in  a  like  manner 
as  provided  for  a  county  convention  by  this  act.  The  delegates 
to  the  city  convention  shall  nominate  the  candidates  by  a 
majority  vote  of  said  delegates  from  among  those  whose  names 
were  on  the  printed  ballot  of  that  party,  and  who  were  voted  for 
at  said  primary  election.  The  city  committees  of  the  various 
political  parties  recognized  by  this  act  shall  consist  of  one 
elector,  a  member  of  that  particular  political  party,  from  each 
voting  precinct  in  the  city,  who  shall  be  a  legal  voter  in  the 
precinct  he  is  elected  to  represent.  He  shall  be  known  as  pre- 
cinct committeemen  [committeeman],  and  shall  be  elected  at 
the  city  primary  election. 

SEC.  20.  Official  neglect  or  misconduct — penalty.  Any 
primary  election  or  other  public  officer,  upon  whom  a  duty  is 
imposed  by  this  act  or  by  acts  herein  made  applicable  to  primary 
elections,  who  shall  wilfully  neglect  to  perform  such  duty  or 
who  shall  wilfully  perform  it  in  such  a  way  as  to  hinder  the 
objects  thereof  or  shall  disclose  to  any  one,  except  as  may  be 
ordered  by  any  court  of  justice  the  contents  of  any  ballot  or 
any  part  thereof,  as  to  the  manner  in  which  the  same  may  have 
been  voted,  shall  be  punished  by  a  fine  of  not  less  than  one 
hundred  (100)  dollars  nor  more  than  one  thousand  ( LOOO)  dollars, 
or  by  imprisonment  in  the  p'enitentiary  not  less  than  one  nor 
more  than  five  years  or  by  both  fine  and  imprisonment. 

SEC.  21.  Agreement  to  assist  candidate  for  pay  or 
acceptance  of  pay — penalty.  Any  person  who  shall  agree  to 
perform  any  services  in  the  interest  of  any  candidate  in  consid- 
eration of  any  money  or  other  valuable  thing,  or  who  shall 
accept  any  money  or  other  valuable  thing  for  such  services 
performed  in  the  interest  of  any  candidate,  shall  be  punished  by 
a  fine  of  not  more  than  three  hundred  dollars  ($300.00)  or  be 
imprisoned  in  the  county  jail  not  exceeding  thirty  days.  But 
nothing  herein  shall  be  construed  to  include  persons  making 
contracts  in  good  faith  for  the  conveyance  of  voters  to  and  from 
polling  places  on  the  day  of  the  primary  election  and  the 
payment  of  any  reasonable  compensation  for  such  services. 

SEC.  22.  Bribery — penalty.  Any  person  offering  or  giving  a 
bribe  either  in  money  or  other  consideration  to  any  elector  for 
the  purpose  of  influencing  his  vote  at  any  primary  election,  or 
any  elector  entitled  to  vote  at  such  primary  election  receiving 
and  accepting  such  bribe,  any  person  making  false  answer  to 
any  of  the  provisions  of  this  act  relative  to  his  qualifications  and 


60  PRIMARY    ELECTIONS. 

party  affiliations;  any  person  wilfully  voting  or  offering  to  vote 
at  a  primary  election  who  has  not  been  a  resident  of  this  state 
for  six  (6)  months  next  preceding  said  primary  election,  or  who, 
at  the  primary  election,  is  not  twenty-one  (21)  years  of  age,  or 
is  not  a  citizen  of  the  United  States;  or  knowing  himself  not  to 
be  a  qualified  elector  of  such  precinct  where  he  offers  to  vote; 
or  any  person  violating  any  of  the  provisions  of  this  act  or  of 
the  code,  as  may  be  hereto  applied,  and  any  person  knowingly 
procuring,  aiding,  abetting  such  violation,  shall  be  deemed 
guilty  of  a  misdemeanor,  and  upon  conviction  shall  be  fined  a 
sum  not  less  than  one  hundred  (100)  dollars  nor  more  than  five 
hundred  (500)  dollars,  and  be  imprisoned  in  the  county  jail  not 
less  than  ten  (10)  days  nor  more  than  ninety  (90)  days. 

SEC,  23.  When  applicable.  This  act  shall  not  apply  to 
the  nomination  of  candidates  or  choice  of  delegates  made  prior 
to  the  next  general  election. 

SEC.  24.  In  effect.  This  act  shall  take  effect  and  be  in 
force  from  and  after  its  publication  in  the  Register  and  Leader 
and  the  Daily  Iowa  Capital,  newspapers  published  in  D.es 
Moines,  Iowa,  and  the  same  shall  be  published  in  the  official 
newspapers  of  the  county  wherein  same  shall  be  applicable 
at  the 'expense  of  the  respective  counties. 

Approved  April  9,  A.  D.  1904. 

I  hereby  certify  that  the  foregoing  act  was  published  in  the  Register  and 
Leader  and  the  Daily  Iowa  Capital,  April  13,  1904. 

W.  B.  MARTIN, 

Secretary  of  State 


GAYLORD 


